https://sleepyhollow.localarchives.org/files/original/7e8a1bbe45a7e262de0248b4283c1ac4.pdf f8a5e302795028a653be34cc403a0fb0 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED February 19, 2003 The meeting was called to order by Peter Koffler, Acting Chair at 8:03 P.M. The Chair noted that a quorum was present. Present: Eliot Martone Linda Moiron Sean McCarthy Tom Capossela Peter Koffler, Acting Chairman James Galgano Absent : Robert Anello, Chairman Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) James Fuller 548 Munroe Ave 2) Cirillo Rodriguez 150 Cortlandt Street 3) CFF Realty 361 N. Broadway 4) Grace Malandrino 104 Gordon Ave. 5) Minutes of the November 2002 and December 2002 meetings Announcements: There were none. 1) James Fuller This is an application for an area variance to construct a one story addition. The applicant is requesting a rear yard variance from the required 25-foot minimum to a 21.37-foot minimum. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Survey �James Fuller is the applicant and is representing his application. He spoke about the proposed one story addition in detail. The Chair opened the public hearing. Since there was no public comment, Sean McCarthy made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (6-0). Tom Capossela made a motion to approve the variance as submitted. Eliot Martone added that the variance is minimal and that the proposed addition is not detrimental to the neighborhood. Sean McCarthy asked if there was another way to accomplish this without requiring a variance. James Fuller responded that the only other way to achieve the same request would be to move the garage. Jim Galgano seconded the motion. It was unanimous (6-0). 2) Cirillo RodriguezThis is an application for an area variance to construct an addition. The applicant is requesting a variance for the following non-compliances: Proposed Front yard is 5-feet Required Min. front yard of 20-feet Lot size is 2687.5 SF Min. size required is 4,000 SF Lot Width is 21.5 feet Lot width of 40-feet is required. Lot coverage 51% Max lot coverage is 35% The north side yard setback (existing) is 0-feet and the south side yard setback (existing)is 0-feet Minimum side yard setback is 3-feet and a total (both sides) of 12. The north side yard setback (proposed)is 4-feet Minimum side yard setback is and the south side yard setback (proposed) is 1.9-ft. 3-feet and a total (both sides) of 12. No parking spaces 2 parking spaces required The public notice was read aloud. APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 2 �The Chair asked if the returns were received. There was an open discussion on the accuracy of the returns. This item was temporarily adjourned so that the accuracy of the returns could be verified. 3) CFF Realty This is an application for an area variance to construct a second story addition. The applicant is requesting a variance for the following non-compliances: Proposed Front yard is 9-feet Required Min. front yard of 20-feet Lot size is 7500 SF Min. size required is 10,000 SF No Buffer Buffer required in rear yard The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Site Plan Victor Solarik is the project architect and is representing this application. He spoke about the proposed one story addition in detail. The Chair asked if any variances were granted previously. Bob Stiloski responded no. He stated that the property is an existing non-conforming structure. Victor Solarik spoke about the proposed parking area and the landscaping plan. Ed Lammers asked if there was a fence in the rear. Victor Solarik responded no. He stated that there is a retaining wall in the rear. The Chair asked if the exterior would be replaced. Victor Solarik responded yes. He stated that he has received Waterfront Advisory Committee and Architectural Review Board approvals. Ed Lammers spoke about the buffer areas. He stated that the required buffer area is APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 3 �5-feet. He also stated that a 5-foot high fence is needed but a retaining wall currently exists. He stated that there is to be no parking in the buffer area and that the area should be landscaped. There was an open discussion on the use of the adjacent properties. Sean McCarthy asked how many vehicles would be parked on site. Victor Solarik responded that there would be about 2-3 employees. Sean McCarthy asked if two more parking spaces could be created to the side in order to avoid the parking in the buffer area. Victor Solarik responded that he could look further into this alternative. Sean McCarthy asked about the parking requirements for the rental space on the 2nd floor. Victor Solarik responded 7 spaces. There was an open discussion on the number of spaces needed. It was agreed that eleven (11) spaces were needed. The Chair opened the public hearing. Since there was no public comment, Sean McCarthy made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (6-0). Sean McCarthy asked if the applicant financially needed the 2nd-floor rental space. Victor Solarik responded that the rental space was needed to finance the project. Jim Galgano made a motion to approve the variance as submitted. The Chair stated that the applicant could recess the 2nd-floor inward by 5-feet and a variance would not be required. Jim Galgano stated that the building would not be any taller that the existing building. Eliot Martone asked if the motion includes two (2) parking spaces in the buffer area. Jim Galgano responded yes. There was an open discussion on how to legally join two (2) parking spaces for the twofamily house since they are owned by the same owner. Tom Capossela amended the motion to include evergreen plantings within the rear of the house near the border and that two (2) parking spaces are legally set aside for the 2family house. The motion was approved (4-2) (Koffler, McCarthy objected). APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 4 �4) Grace Malandrino This is an application for an area variance to construct a rear addition. The applicant is requesting a variance for the following non-compliances: Proposed Required Front yard is 11’-8” on Gordon and Min. front yard of 20-feet is required 2’5” on Rice Ave for both. Lot size is 3840 SF Min. size required is 4,000 SF Lot coverage will be 36.3% Max lot coverage is 35% Side Yard is 2-feet Required side yard is 3-feet on one side Rear yard is 13’-10-3/4” Rear yard setback is 25-feet Garage setback is 2’-2” Garage setback of 25’ is required. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Site Plan Michael McGarvey is the project engineer and he is representing the applicant. He explained the project in detail. He stated that the second floor would have a kitchen added in order to accommodate the additional apartment. Eliot Martone asked about the existing lot coverage. Michael McGarvey responded that he did not know but the additional coverage was 375 SF. Sean McCarthy asked if the lot coverage include the garage. Michael McGarvey responded no. Eliot Martone asked about the number of bedrooms. Michael McGarvey responded: 1ST floor – 2 bedrooms APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 5 �2nd floor – about 2 bedrooms Eliot Martone asked (to Bob Stiloski) how this affects the parking numbers. Bob Stiloski responded that they need to know the exact number of bedrooms. Ed Lammers stated that the garage should have been included in the lot coverage calculations. There was an open discussion on the accuracy of the requested variance. It was determined that the applicant would recalculate the lot coverage and the number of bedrooms and re-issue the public notice if necessary. The Chair opened the public hearing. Since there was no public comment, Eliot Martone made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (6-0). This was adjourned. Sean McCarthy stated that a variance was also required by the State. It was determined that the applicant would be informed of the required NY State variance. 2) Cirillo Rodriguez (continued)There was an open discussion on the accuracy of the mailings and the acceptable methods for noticing the public. It was determined by the Board that the Notice was sufficient pursuant to Village Code § 62-44. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Survey Jeffrey Shumejda is representing this application along with Cirillo Rodriguez. Jeffrey Shumejda stated that any improvement to this property would require a variance based on the lot size and its location within the Village. He spoke about the proposed project. He stated that the applicant would move into one of the units with his family. He also stated that the project would not adversely impact the neighborhood. Bob Stiloski stated that the work has already been completed without a building permit. APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 6 �The Chair asked if the work was completed. Jeffrey Shumejda responded that the project is partially built. The Chair asked why the applicant started building without coming before the Board first. Jeffrey Shumejda responded that the applicant made a prior application to the Village but the plans were rejected on more than one occasion. Bob Stiloski responded that the application was filed after the unauthorized work was discovered. He stated that no prior applications were filed prior to the issuance of the stop work order. The Chair asked if the applicant owns other property in the Village. Jeffrey Shumejda responded yes along with his father-in-law. The Chair suggested that since the applicant owns other property in the Village, he should be aware of the process for obtaining a building permit. Cirillo Rodriguez responded that plans were repeatedly submitted to the building department and rejected so he built it anyway. Jeffrey Shumejda stated that there was an approval for some of the construction. Bob Stiloski responded that the approval was for some interior work only. He also stated that the applicant had some illegal apartments and the permits were issued to correct existing violations. Eliot Martone stated that the project architect (Turnquist Architects) is very familiar with the building permit process in the Village. He asked if the applicant would agree that work was done prior to applying for a permit for the new structure. Jeffrey Shumejda responded that he would agree that construction for the new structure was done without a permit. The Chair stated that the applicant knew that he was building without a permit and build it anyway. The Chair asked when the construction began. Cirillo Rodriguez responded October 2002. Sean McCarthy asked if the plans were sealed by the architect. Bob Stiloski responded no. He also stated that the plans were dated for December 6, 2002. Bob Stiloski gave a brief history of how the unauthorized work was discovered. He also spoke briefly about the pending legal status of the applicant with regards to this property and the unauthorized work. The Chair asked if it was possible to visit the site. Jeffrey Shumejda responded yes. He stated that two (2) of the members have already visited the site. APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 7 �Tom Capossela stated that he visited the site and he questions the accuracy of the plans and the actual built structure. There was an open discussion on whether the plans are accurate with respect to the built structure. The Chair requested that an as-built survey be performed to accurately determine the magnitude of the requested variances. There was an open discussion on the version of the NYS Building Code that the applicant is required to comply with. It was agreed that the applicant needs to provide code compliance information. The Board agreed that they need the following before the matter can be heard: 1) As-built survey (certified) 2) NY State Code compliance information and that the public may need to be re-noticed accordingly before hearing continues. This was adjourned to the next meeting. 5) Minutes of the November 2002 and December 2002 meetings - The minutes for November 2002 were reviewed. Sean McCarthy made a motion to approve the minutes as submitted. Jim Galgano seconded. It was unanimous (6-0). The minutes for December 2002 were reviewed and approved by consensus. Eliot Martone made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 9:45 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 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-2003 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_2003-02-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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