https://sleepyhollow.localarchives.org/files/original/60491626b8ad5186f900424953ec16bf.pdf 2f0363f97d980b6f26230b9319e59cd1 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED June 18, 2003 The meeting was called to order by Robert Anello, Chairman at 8:17 P.M. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Sean McCarthy Tom Capossela Eliot Martone Absent : James Galgano Peter Koffler Also Present: Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Benjamin Hunter 163 Highland Avenue 2) Mr. & Mrs. O’Donnell 185 Beekman Avenue 3) David Rockefeller 132 Bedford Road 4) Pedro Lopez 21 Barnhardt Avenue 5) Marte Ruben 32 Kendall Avenue 6) Cirillo Rodriguez 150 Cortlandt Street 7) Minutes of the February and May 2003 meetings Announcements: None. 1) Benjamin Hunter – This is an application for an area variance to construct a detached two-car garage where the proposed garage creates the following non-compliances: Proposed Lot coverage 22.6% Required Max lot coverage is 20% Sean McCarthy recused himself from this application since he is the project architect and is representing this application. 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: 1) Application dated 04/14/03 2) Notice 3) Plans dated 04/14/03 4) Short EAF 5) Copy of an application for a building permit. Sean McCarthy spoke about the proposed construction of a 2-car detached garage that would take the place of an existing shed. He stated that the building will cover 17.7% of the lot and the accessory structure would cover 4.9% of the lot. The Chair asked if the rear and side yard requirements would be met. Sean McCarthy responded yes. The Chair asked about the current coverage. Sean McCarthy responded 21.2 %. The Chair stated that the proposed construction would add 1% to the lot coverage. Sean McCarthy responded yes. The Chair asked if the proposed garage would be visible from the street. Sean McCarthy responded no. Sean McCarthy stated that the house was converted and extended and the garage was abandoned. He stated that the proposed application is also 200 sf below the Floor Area Ratio (FAR) allowed under the Village Code. The Chair asked if the proposed garage was a standard 2-car garage. Sean McCarthy responded yes. Sean McCarthy stated that the project would not disturb the site in any way including storm water. He stated that the intent of the project was to keep within the surrounding neighborhood. The Chair asked if the ZBA had any questions. There was none. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0) (McCarthy abstained). APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 2 �Eliot Martone stated that the proposed construction is not uncommon to the neighborhood and there was no public opposition. Eliot Martone asked what was behind the proposed garage. Sean McCarthy responded that there is a fence and a neighboring house. Eliot Martone asked if the houses were back-to-back. Sean McCarthy responded yes. The Chair stated that the proposed construction is in character with the neighborhood. He also stated that it is not a self-created hardship based on the house configuration. He also stated that the variance is the smallest variance (1%) that could be achieved. Tom Capossela made a motion to approve the variance as requested. Eliot Martone seconded. It was unanimous (4-0) (McCarthy abstained). 2) Mr. & Mrs. O’Donnell This is an application for an area variance to convert a single-family residence into a twofamily residence where the proposed conversion creates the following non-compliances: Proposed Required Front yard is 19-feet Min. front yard of 20-feet Side yard is 1.98 feet and the both side yards combined are 3.79 feet. feet. Minimum of 3 feet on one side and both side yards combined must be 12 No parking spaces 2 parking spaces required 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: 1) Application dated 05/13/03 2) Letter dated 05/12/03 denying conversion to a 2-family. 3) Letter to Jim Margotta from Kyle McGovern 4) Affidavits from neighbors APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 3 �Kyle McGovern is the attorney representing the applicant. He stated that the house was a 2family residence for over 27-years. He stated that the owners are trying to sell the house when the title came back as a one-family residence. He stated that architect Sam Vieira has inspected the property and has written a letter stating that the building is sound and that the existence of a 2-family house is at least 20-25 years old. Kyle McGovern stated that there is no parking available on the site. The Chair asked when was the house first used as a 2-family. Kyle McGovern responded that the house has been occupied since 1983 by the owners as a 2family. The Chair asked if the applicant could go back further. Kyle McGovern responded that the tax records indicate a 2-family residence. The Chair asked if the applicant had the original closing documents. Kyle McGovern responded that the owners have the documents but the documents were not brought to the meeting. The Chair asked what the deed stated. Kyle McGovern responded that the deed stated that the house was a one or two family residence. The Chair asked if a Certificate of Occupancy exists. Kyle McGovern responded yes. He stated that the Certificate of Occupancy is dated 1992. Eliot Martone asked if a copy of the tax records was available. Kyle McGovern provided a copy of the tax record. He also stated that there are 2-electric meters and 2-gas-meters. He stated that the only record that needs to be adjusted is the Sleepy Hollow Building Department records. The Chair asked when the last time the structure was altered. Kyle McGovern responded that only the interior had been renovated. He stated that the exterior had never been altered. The Chair asked about the adjacent property. Kyle McGovern responded that there is a 3-family house next door with no parking. The Chair asked if the applicant had the tax records for the Town of Mt. Pleasant. Kyle McGovern responded yes. The Chair referred to one of the affidavits from a person that occupied one of the units. Kyle McGovern stated that the person who submitted the affidavit occupied the unit from 1977 to 1984. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 4 �The Chair asked if the applicant had any other knowledge that the house was used as anything other than a 2-family residence since it was built. Kyle McGovern responded no. Bob Stiloski submitted the Village Assessors records that show the property listed as a 2-family residence. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair stated that the affidavits date back to 1977. Sean McCarthy stated that he is familiar with the area and many of the houses are built in similar fashion. The Chair stated that only one parking space would be impacted since one space would be required for a one-family house. Eliot Martone stated that the house would not be out-of-character with the neighborhood. The Chair stated that the property could qualify as pre-existing the Village Zoning Code. Sean McCarthy stated that parking could be made available in the front yard but the curb cut will result in the loss of a street parking space. Eliot Martone made a motion to approve the request for a variance based on the fact that it is consistent with the neighborhood and that it pre-dates the Zoning Code. Sean McCarthy seconded. It was unanimous (5-0). 3) David Rockefeller This is an application to construct an addition to the existing residence and to erect a detached garage where the proposed construction will create the following non-compliances: Proposed Front yard is 12-feet Required Min. front yard setback of 75-feet Lot size is 39,775 SF Min. size required is 43,560 SF The proposed front yard setback for the garage is 18-feet. Minimum front yard setback of 75feet are required. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 5 �The rear yard setback is 42-feet. Minimum rear yard setback of 50feet is required. The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. Peter Guzy is the project architect and is representing this application. He explained that some of the property had been taken by the County by eminent domain to widen Bedford Road. He explained that the lot is odd shaped and based on the Zoning restrictions would be impossible to build anything on the lot without a variance. He explained the existing conditions and the proposed structure. He also explained the problem of the front yard and rear yard setbacks based on the lot size. Tom Capossela questioned the 75 ft front yard setback. Bob Stiloski responded that the front yard-zoning requirement in an R1 zoning district is 75 feet. Peter Guzy stated that he used the house as a guide to establish setbacks for the layout. Sean McCarthy asked if the interiors would be renovated. Peter Guzy responded yes. He stated that the living room, bedroom, and bathrooms would be renovated. The Chair asked if the applicant had been before the Architectural Review Board. Peter Guzy responded that the applicant is on the Architectural Review Board’s June agenda. The Chair asked where cars are currently parking. Peter Guzy showed the location on the drawings where vehicles are currently parking. He stated that the driveway would be relocated further from the main road. The Chair asked where does the one-acre zoning start. Peter Guzy responded that this is the first house in the R1 district as you go up Bedford Road. He also stated that no existing site conditions would be changing. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair noted the interesting piece of property. He stated that the applicant would require a variance no matter what was built on the property. He stated that the relocation of the garage is a good idea for safety. Linda Moiron made a motion to approve the variance as requested. Tom Capossela seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 6 �4) Pedro Lopez This is an application for an area variance to convert a single-family residence into a twofamily residence where the proposed conversion creates the following non-compliances: Proposed Front yard is 9.4-feet Required Min. front yard of 20-feet Lot size is 3705 SF Min. size required is 4,000 SF Lot Width is 21.59 feet Lot width of 40-feet is required. The side yard setback is 1.9-feet and the combined total is 3.3-feet Minimum side yard setback is 5-feet and a total (both sides) of 15 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: 1) Application. 2) Letter from Jim Margotta denying building permit. 3) Application for a building permit. Pedro Lopez is representing this application. He stated that there are six neighboring houses that are identical to his house. He stated that the houses were built around 1920. He explained the proposed renovations including expanding the house to add two additional bedrooms on the 1st floor and 2nd floor. The Chair asked about the required parking. Bob Stiloski responded that the parking requirements are indicated on the drawings. The Chair stated that parking is provided in the rear of the property according to the drawings. The Chair asked if the houses were all located on one lot. Pedro Lopez responded yes. He stated that easements exist to allow all owners to access the rear of the properties. There was an open discussion on the layout of the six properties in the area. The Chair asked how many houses are 2-family. Pedro Lopez responded that one other house is a 2-family house. There was an open discussion on whether or not the application is expanding the footprint of the property to accommodate the additional work. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 7 �There was an open discussion on whether the neighboring property owner needed a variance or not when converting to a 2-family house. Eliot Martone asked if the applicant was not converting to a 2-family residence, would the variance still be required. Bob Stiloski responded that if the applicant built within the existing footprint, no variance would be needed. The Chair asked if multi-family houses are allowed in an R-5 district. Bob Stiloski responded yes. The Chair asked the applicant why the Board should grant a variance. Pedro Lopez responded that his older children would be moving in with him. The Chair opened the public hearing. George Hernandez (19 Barnhardt Ave.) spoke. He provided a letter from his brother Mario Hernandez opposing the variance. He read the letter for the record (see attached). Rene Hernandez (25 Barnhardt Ave.) spoke. He stated that all the homes on his side of the street are single family. He stated that he is concerned that other houses would be seeking a similar conversion. He stated that larger families than the applicants have lived in the neighborhood. He also stated that he is opposed to the outward expansion of the applicants building footprint. He also stated that he is concerned with his cousin’s property (19 Barnhardt Avenue) being surrounded like an “H” by 17 and 21 Barnhardt Avenue property expansions. Miguel Jimenez (135 Cortlandt Street) spoke. He stated that the porch already exists on the property. He stated that he has no problem with the proposed variance. Christina Huna (23 Barnhardt Avenue) spoke. She stated that she is concerned with parking in the area and is opposed to the variance. Fabian Lopez is the son of the applicant. He spoke about the Kryiakidis property. He stated that Mr. Kryiakidis owns 13 and 17 Barnhardt Avenue. He stated that the “H” effect already exists since the porch is an existing condition. The Chair asked about the easements. Rene Hernandez (25 Barnhardt Ave) explained the existing easement. The Chair asked if there were any restrictions on the easements. Pedro Lopez responded that he did not know. Eliot Martone asked if a covenant exists on all deeds. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 8 �There was an open discussion on the easements. Sean McCarthy stated that the houses used to have garages below the houses for parking. He stated that the garages have been closed and the cars are parking haphazardly in the rear of the properties. Since there was no further public comments, Eliot Martone made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (5-0). The Chair asked about the number of spaces needed for a 2-family house. Bob Stiloski responded two spaces. The Chair asked the applicant why is a 2-family house needed. He asked why a larger unit would not suffice. Pedro Lopez responded that his son will be married soon and they will live in the other unit. Pedro Lopez requested an adjournment in order to further investigate the easements. Eliot Martone made a motion to adjourn this application until the next meeting. Tom Capossela seconded. It was unanimous (5-0). The meeting was temporarily adjourned at 9:52 pm to provide a break for the Board members. The meeting was resumed at 9:59 pm. 5) Marte Ruben This is an application for an area variance to construct a two-family residence where the proposed construction creates the following non-compliances: Proposed Rear yard is 21.0-feet Required Min. rear yard of 25-feet Lot size is 2500 SF Min. size required is 4,000 SF Lot Width is 25 feet Lot width of 40-feet is required. The side yard setback is 5-feet and the combined total is 9.0-feet Minimum side yard setback is 5-feet and a total (both sides) of 15feet Jon Turnquist is the project architect and is representing this application along with Marte Ruben. He requested an adjournment so that more information could be provided to the public. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 9 �The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair opened the public hearing since members of the public wished to speak about the accuracy of the public notice. There was an open discussion on the accuracy of the public notice. It was agreed that the public notice was correct although the Board members did not have the revised copy. Jon Turnquist briefly summarized the proposed application. He summarized the parking layout also. The Chair asked if a parking variance was required. Jon Turnquist responded no. The Chair asked who owns the lot. Jon Turnquist responded that Marte Ruben owns the lot. The Chair asked if Marte Ruben owns the adjacent house also. Jon Turnquist responded yes. Gurette Crow (48 Kendal Ave) spoke. She stated that the lot was always a parking lot for the adjacent house. She stated that there are always 6-7 cars parked on the lot. She stated that parking is unavailable on Kendal Ave. The Chair asked how the lot is currently used. Gurette Crow responded that the lot is currently a parking lot. She stated that she objects to the parking impacts in the area. She stated that she is concerned about where the cars that currently park on the lot will have now have to park. She also stated that the house will be out-ofcharacter with the neighborhood since it will be modern as opposed to the older style of houses that exist in the area. Richard Kelly (39 Kendal Ave) spoke. He stated that the area is already densely populated. He also stated that he was not noticed about this application. There was an open discussion on the list provided by the Village and the responsibility of the applicant to properly notice the public. There was a concern about the accuracy of the list and the public notice. No action was taken. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 10 �Monica Papadich (28 Kendal Ave) spoke. She stated that Kendal Ave is congested. She is concerned with parking in the area. Ellen McDonough (23 Kendal Ave) spoke. She stated that she is concerned with the construction of a 2-family house on a lot so narrow. Since there were no further public comments, the public hearing was adjourned. Eliot Martone made a motion to adjourn the application. Sean McCarthy seconded. It was unanimous (5-0). 6) Cirillo Rodriguez This 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 49% 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 5-feet and a total (both sides) of 15 The north side yard setback (proposed)is 4.3-feet Minimum side yard setback is and the south side yard setback (proposed) is 0.3-ft. 5-feet and a total (both sides) of 15. No parking spaces 2 parking spaces required The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Application for a building permit dated 12/06/02 2) Letter from Jim Margotta. 3) Application dated 10/07/02 4) Short EAF 5) Zoning data 6) Memo in support of application 7) Letter to Cirillo Rodriguez from Bob Stiloski 8) Building plans dates 05/01/03 (as-built) APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 11 �Jeffrey Shumedja is the attorney representing this application. He stated that the applicant could not control the need for a variance for the front yard, lot size, lot width, north side setback, and lack of parking. He stated that this building footprint is similar to other adjacent properties. He stated that he would discuss the lot coverage. Jeffrey Shumedja submitted photos for the record of 148, 146 and 144 Cortlandt Avenue. He stated that the lot coverage is totally consistent with the neighborhood. He submitted a photo of 152 and 150 Cortlandt for the record. He stated that neighboring properties are built to the property line also. He submitted tax maps for the neighboring area to the Board (attached). Jeffrey Shumedja referred to the tax maps. He stated that no property in the area conforms to the Village zoning code. He also stated that 150-152 Cortlandt are 36” apart and 150-148 Cortlandt are 24” apart. The Chair asked where the measurements came from. Jeffrey Shumedja responded that they were taken in the field. Sean McCarthy asked if there were any measurements for 152-154 and 154-160 Cortlandt Street. Jeffrey Shumedja responded no. He stated that the properties are commercial. He stated that the measurements focused on residential properties. Jeffrey Shumedja stated that a variance would not oppose the characteristics of the neighborhood. He also stated that with regards to the lot coverage, there are similar surrounding buildings that have built to the same boundaries as the applicant. The Chair asked if the applicant has lot coverage data for surrounding properties. Jeffrey Shumedja responded no. He stated that the information could be obtained if needed. He stated that the property fronts are all aligned on Cortlandt Street. He also stated that the applicant could not achieve the proposed benefits by any other means. He spoke about the other variances that the Board has issued to previous applicants this evening. The Chair noted that the previous variances did not alter the structure. He wanted the applicant to address why construction preceded the application for a variance. Jeffrey Shumedja responded that the side yard separations of the houses on Cortlandt Street. He stated that the applicant has the largest side yard separation in the area. The Chair asked if all of the buildings existing non-conforming uses or were variances granted. Jeffrey Shumedja responded that he would research this information. Jeffrey Shumedja stated that this application would have no adverse impact to the neighborhood. He stated that the applicant did construct without a building permit. He stated that the applicant did file an application but he did not have a valid permit. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 12 �The Chair asked why construction began. Jeffrey Shumedja responded that he would find out. The Chair stated that the building application dated 12/06/02 was denied after construction started. Jeffrey Shumedja responded that he would research and find out. The Chair asked for dates of application and construction and why the work was done without a permit. Jeffrey Shumedja spoke about the applicants need for the additional space. He stated that the applicant would move into this residence with his family. The Chair asked what variances are effected because of the extension. Jeffrey Shumedja responded that the lot coverage would be 49%. Eliot Martone asked about the lot coverage without the addition. Jon Turnquist is the project architect. He stated that the pre-existing lot coverage was not calculated. The Chair asked if the property was an existing 2-family residence. Jon Turnquist responded yes. The Chair asked the applicant to explain how the density of the area would increase. Jeffrey Shumedja responded that the property is zoned for its current use. He stated that the lot coverage should not increase the parking requirements for the applicant. The Chair referred to a memo submitted by Jeffrey Shumedja stating that the new structure is more compliant than the previous structure. Jeffrey Shumedja responded that the setbacks are greater. He stated that the existing structure was built to the property line and the new structure allows a side yard setback. The Chair noted that the new structure is significantly longer. He stated that the side yard setbacks extend twice the length of the property. The Chair stated that the applicant should address the Stop Work order and should address the plans that violate the building code. Sean McCarthy asked about the type of construction that the addition is made of. 1) He asked for the fire rating of the material. 2) He stated that the proposed addition blocks the only means of egress. He stated that a person could not safely exit the existing bedroom on the first floor and the proposed bedroom. He stated that he is concerned with the second floor also. 3) He asked about the exits for both units. He asked where they terminate at grade level. The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 13 �Miguel Jimenez (135 Cortlandt Street) spoke. He stated that he owns 148 Cortlandt Street and that he has no objection to the proposed work. He also stated that the owner of 152 Cortlandt Street has no problems with the proposed variance. Jeffrey Shumedja requested an adjournment to the next meeting. Eliot Martone made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (5-0). 7) Minutes of the February and May 2003 meetings - The minutes for February and May 2003 will be reviewed at the next meeting. Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (5-0). Adjourned at 11:37 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 14 � 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_2003-06-18 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