https://sleepyhollow.localarchives.org/files/original/78c80f451b0f410eaf646a04874004d6.pdf e782fce301ac546c5128a2600c5a81e8 PDF Text Text I VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING July 17,2002 RECEIVED e C D ,- « -nnn SEP ' ] 7 m The meeting was called to order at 8:04 P.M. by Robert Anello, Chairman. The Chair noted%iafRK a quorum was present. fl a Present: Absent: Robert Anello, Chairman James Galgano Peter Koffler Tom Capossela Sean McCarthy OJ/dX^^-^^PSLJ / / V/lb/o£L ' / Eliot Martone Linda Moiron Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Anthony Del Vecchio (Recording Secretary) Agenda: 1) L. Rodriguez (Elizabeth Mascia Childcare Center) 2) Kevin Donovan 3) Martha Sendon 4) Pat Cusanelli & Ms. Joan Waters 5) Tom Capossela 6) Alberto Barros 7) Minutes of June 2002 meetings 8) Other business 174 Valley St 12 Continental St 295 N Washington Street 3 Pleasant Way 5 Tappan Road 15 Anderson Avenue Announcements: There were none. 1) Larry Rodriguez (Elizabeth Mascia Child Care Center) The applicant is requesting a continuation of a variance that was previously granted allowing the owner to install a day care center for 15 to 20 children. The Zoning Code requires ten (10) parking spaces and the applicant has made plans to lease two (2) spaces. The Chair asked if the returns were received. Ed Lammers verified that the mailings were received. The Chair read the public notice aloud. Sam Vieira is representing this application. He stated that the variance has elapsed. He stated that the Center has just finished a lengthy process of applying for grants. �There was an open discussion on the previous variance granted. The Chair read the minutes from the September 2000 meeting concerning the variance. He stated that the owner would secure seven (7) parking spaces. He stated that the two (2) spots would be dedicated for the childcare center and five (5) spots would be for the apartments. He stated that signage would be installed to allocate the parking spaces to the tenants. The Chair asked if a legend could be added on the Certificate of Occupancy indicating the parking agreement. Ed Lammers responded yes. Peter Koffler asked about the projected time frame that the childcare center needs before occupying the space. Sam Vieira responded that the construction should be completed by the end of the year. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (5-0). The Chair stated that in addition to the original conditions placed on the variance, the legend should be added to the Certificate of Occupancy. He stated that another condition that should be added to the variance is that parking must be secured by the end of the year. Jim Galgano made a motion to approve the variance with the following conditions: 1) Add legend to Certificate of Occupancy indicating that the two (2) spots would be dedicated for the childcare center and five (5) spots would be for the apartments. Additionally, appropriate signage would be added to properly notify tenants of their parking spaces. 2) The owner must secure parking spaces before the end of the year. 3) Previously stated conditions from the September 2000 ZBA meeting. From the September 2000 ZBA meeting: "The Chair made a motion to grant the variance under the condition that for as long as the requested uses are in operation, seven (7) spaces in the adjacent building be allocated and maintained for the granted uses and that the building owner file with the Village, documentation satisfactory to the Village Attorney securing the use of seven (7) required parking spaces. The building owner also must prepare signage to properly indicate that the parking spaces are dedicated for the building occupants. Additionally, the tenants are to be notified. Jim Galgano seconded. It was unanimous." Zoning Board of Appeals Meeting, July 17,2002 X'-k .,-.,;-.-- •- -- 2 -_• ..,-. , — -„....„-. > i : . ,-_ s » L - : \ - . ^ 1 . ~ j . i _ » . ,-.:-». , - i „ i s i , » - ~ : . ; , i i - j f c . i S : �Tom Capossela seconded. It was unanimous (5-0). 2) Kevin Donovan The applicant is requesting an area variance to install a rear addition to the applicant's residence that will result in the following non-compliances: 1) Front yard will be 18 feet (min 20 feet required) 2) Lot width is 37 feet (40 feet required). 3) Lot size is 3,413 sq. ft. (4000 sq. ft. required). The Chair asked if the returns were received. Ed Lammers verified that the mailings were received. The Chair read the public notice aloud. The Chair stated that the Board is in receipt of the following: 1) Written application 2) Building plans 3) Letter from Jim Margotta denying the permit Jon Turnquist is the project architect and is representing this application. He summarized the proposed project. He stated that the owner is handicapped and these changes are necessary so that he may continue to live at this location. The Chair asked if the proposed work would comply with the rear yard setback. Jon Turnquist responded yes. He stated that the front yard and lot size exist and are nonconforming. Sean McCarthy asked if the lot coverage is conforming. Jon Turnquist responded yes. He stated that the max is 35% and they are at 35%. The Chair asked if the owner would access the back via a ramp. Jon Turnquist responded yes. The Chair stated that this is not a self-created hardship. He also stated that it would not be out-of-character with the neighborhood. The Chair opened the public hearing. Mr. Bell (20 Continental Street) spoke. He stated that he is in favor of the proposed application. Zoning Board of Appeals Meeting, July 17,2002 �Since there were no other public comments, Jim Galgano made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). Jim Galgano asked where is the applicant living now. Mrs. Donovan (applicant's mother) responded that he is living with her in Ossining. Jim Galgano made a motion to approve the application as submitted. Sean McCarthy seconded. It was unanimous (5-0). 3) Martha Sendon The applicant is requesting an area variance to install a 4-14' fence with a 5-V£' center gate enclosing the applicant's front yard. This will result in the following non-compliances: 1) Zoning code limits the height offences in the front yard to three (3) feet The Chair asked if the returns were received. Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) pictures of the fence 3) letter from Jim Margotta indicating that the fence is too high. Sam Vieira is representing this application. He stated that this fence replaced the existing fence. He stated that debris gets on the property from the street. He stated that the new fence would help eliminate this problem. He also stated that the fence is not a solid fence and it is only one (1) foot over the current zoning code. Lastly, he stated that the fence has already been installed without a permit. The Chair asked if this is a corner lot and no side yard variance is required. Sam Vieira responded yes. The Chair opened the public hearing. Since there was no public comment, the Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). Jim Galgano asked about the height of the old fence. Sam Vieira responded that it was 3'-6". Jim Galgano stated that he has no problem with the fence. Zoning Board of Appeals Meeting, July 17,2002 4 �Tom Capossela stated that he does not like it but it fits the area. Peter Koffler asked if ARB approval is required. Sam Vieira stated that the applicant is on the agenda for the next ARB meeting. Sean McCarthy asked what would be involved in lowering the fence. Sam Vieira responded that the fence is made out of aluminum. He stated that the fence would have to be thrown away since the owner cannot do anything with it. The Chair stated that it is not out of character with the neighborhood. Peter Koffler stated that he agrees with the Chair's statement. He also asked what would be involved in replacing the gate and removing the arch. There was an open discussion on whether or not to approve the arched gate. Peter Koffler made a motion to approve the application subject to ARB approval. Tom Capossela seconded. It was unanimous (5-0). 4) Pat Cusanelli & Ms. Joan Waters The applicant is requesting an area variance to install a deck and a six (6) foot high fence in the rear yard of their property. This will result in the following non-compliances: 1) A six (6) foot high rear yard fence (max rear yard fence allowed is five (5) feet). 2) The deck side yard setbacks are seven (7) feet and T - 2" for a total of 9'-2" (min side yard setback is five (5) feet and a combined total side yard setback of 15 (fifteen) feet). The Chair asked if the returns were received. Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) photos 3) survey 4) hand-drawn sketch 5) estimate (deck only) Pat Cusanelli and Joan Waters are representing their application. Zoning Board of Appeals Meeting, July 17,2002 �The Chair asked if the rear yard fronts another street. Pat Cusanelli responded no. He stated that it is behind a parking area on Continental Street. He showed photos of the existing deck. The Chair asked where would the fence be installed. Pat Cusanelli showed the Board the installation location via photos. Joan Waters responded that due to the high traffic volume on Continental Street, a higher fence is needed. Peter Koffler asked if the fence would be installed on top of the wall. Pat Cusanelli responded yes. The Chair asked if the six (6) foot fence would be installed on the three (3) foot wall. Pat Cusanelli responded yes. The Chair asked the applicant why not use a five (5) foot fence, which is allowed by Code. He asked how the additional one (1) foot would help. Joan Waters responded that people could see over the existing four (4) foot fence. She stated that they would like some privacy from the neighborhood. Tom Capossela stated that he does not see a difference from the five (5) to six (6) foot fence. Sean McCarthy asked if any plantings would be used since the fence is not solid. Joan Waters responded yes. Tom Capossela stated that the applicant could plant eight (8) foot arborvitaes. Joan Waters responded that they would not be able to see into the yard at all. She stated that she would not feel safe with the view totally obstructed. Peter Koffler asked about the front yard fence. Joan Waters responded that the fence is a three (3) foot fence. Peter Koffler asked who uses the Continental Street parking lot. Joan Waters responded that area residents use the lot via a permit. The Chair asked if the fence is subject to ARB approval. Pat Cusanelli responded yes. The Chair asked if there were any other Board questions. There were none. The Chair opened the public hearing. Zoning Board of Appeals Meeting, July 17,2002 -i1*"!—>,-i-J-i».~»L^A=^^;^fefe �Rocco Minola (13 Pleasant Way) spoke. He stated that he is in favor with the proposed improvements. Mr. Bellivue spoke. He stated that he is in favor of the fence in order to protect the applicant's small children. Since there were no further public comments, Jim Galgano made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (5-0). Tom Capossela stated that he likes the proposed deck. The Chair stated that this is not a self-created hardship and it is not out of character with the neighborhood. Tom Capossela made a motion to approve the deck as submitted. Peter Koffler seconded. It was unanimous (5-0). Peter Koffler stated that since the fence is not a stockade fence, he does not have a problem with it. The Chair does not see the advantage from a five (5) foot fence to a six (6) foot fence. Jim Galgano stated that he does not have a problem with the fence. He made a motion to approve the six (6) foot fence. Tom Capossela asked if the fence would be made out of cedar. Pat Cusanelli responded yes. Tom Capossela asked if the fence has been purchased yet. Joan Waters responded no. The Chair questioned the need for a six (6) foot fence. Joan Waters responded that it is needed based on the nature of the property. The Chair asked why is the extra foot needed for the side yard. Joan Waters responded that based on the nature of the property. She stated that she wants to protect their children. She stated that she feels that the extra foot would make a difference. She also stated that their neighbors are in favor of the proposed work. There was an open discussion on possibly meshing the side and rear yard fences to make the heights mesh together. Peter Koffler made a motion to approve a six (6) foot side yard fence and a five (5) foot rear yard fence. The fences will mesh together to look more uniform. Tom Capossela seconded. It was unanimous (5-0). Zoning Board of Appeals Meeting, July 17,2002 7 �5) Tom Capossela The applicant is requesting an area variance to install a 15' x 15' patio and hot tub in the rear yard of the applicant's residence. This will result in the following non-compliances: 1) The proposed rear yard setback is four (4) feet (The min rear yard setback is 25 feet). The Chair asked if the returns were received. Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) survey 3) letter from Jim Margotta denying the building permit. Tom Capossela is representing this application. He stated that he is installing a 15'xl7' concrete patio to accommodate a new hot tub. He showed photos of the hot tub. He stated that his neighbors do not have a problem with it. There was an open discussion on whether or not a variance is required. The Chair opened the public hearing. Since there was no public comment, Jim Galgano made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (4-0) (Capossela abstained). The Chair questioned whether a variance is required. He stated that this is not a selfcreated hardship and it is not out of character with the neighborhood. Jim Galgano made a motion to approve the application as submitted. Peter Koffler seconded. It was unanimous (4-0) (Capossela abstained). 6) Alberto Barros The applicant is requesting an area variance to install a garage structure in the rear yard of the applicant's property. This will result in the following non-compliances: 1) The proposed rear yard setback is three (3) feet. (Min rear yard setback is 25 feet.) The Chair asked if the returns were received. Zoning Board of Appeals Meeting, July 17,2002 8 �Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) survey 3) letter from Jim Margotta denying the building permit. 4) Building plans Sean McCarthy is representing this application. He stated that the survey indicates a onestory garage that was removed in the 1980's. He stated that the proposed garage (15'X15') will be smaller that the original (19'X19')The Chair asked about the side yard setback. Sean McCarthy responded that the side yard setback is three (3) feet. The Chair questioned whether a variance is needed. He stated that this is not a selfcreated hardship and it is not out of character with the neighborhood. He also stated that this is the only place that the garage can go. The Chair opened the public hearing. John Jelenek (304 Gordon Ave) spoke. He stated that he is concerned with the existing retaining wall. He stated that adding additional weight is not good for the retaining wall. The Board reviewed Code Section 62-26. Since there were no other public comments, Tom Capossela made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (4-0) (McCarthy abstained). There was an open discussion on whether or not a variance is required. Tom Capossela made a motion to approve the application as submitted. Jim Galgano seconded. It was unanimous (4-0) (McCarthy abstained). 7) Minutes of June 2002 meetingThe minutes for June 2002 were reviewed. The following corrections were noted: On page 2, change: "There was an open discussion on whether a variance is required or not. It was decided that the Village Trustees should clarify this section of the Code." Zoning Board of Appeals Meeting, July 17,2002 9 �To read: "There was an open discussion on whether a variance is required or not. The Chair expressed his view that the proposed structure is an unattached accessory use, which according to the code is permitted to be constructed within the rear yard setback. No variance is required. It was decided that the Village Trustees should clarify this section of the Code." On page 3, change: "Frank Occhipinti is representing and translating for the applicant. He stated that the house was purchased in an estate sale." To read: "Frank Occhipinti and Police Officer Vince Lombardi assisted in representing and translating for the applicant. He stated that the house was purchased in an estate sale. " Peter Koffler made a motion to approve the minutes as amended. Sean McCarthy seconded. It was unanimous (5-0). 8) Other Business The Chair wanted the minutes to include more information with regards to the variances requested. The minutes for July 2002 will reflect these new changes. Jim Galgano made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:47 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, July 17,2002 10 � 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_2002-07-17 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