https://sleepyhollow.localarchives.org/files/original/5916a678d1abb33b9851a124c174ea8f.pdf 7a45e69531160f11370d152417ae7723 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED July 16, 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 James Galgano Peter Koffler Absent : Eliot Martone Also Present: Robert Stiloski (Director, Department of Fire & Life Safety) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Pedro Lopez 21 Barnhardt Avenue 2) Andrews/Rubick 12 Spruce Street 3) Maria Graca 143 New Broadway 4) Minutes of the February, May and June 2003 meetings Announcements: The Chair stated that the Board has received a letter dated July 16, 2003 from Jeffrey Shumedja requesting an adjournment to the September 2003 meeting. The Chair asked that the previously requested materials be submitted at least 15 days prior to the next meeting. Sean McCarthy made a motion to adjourn this application to the next meeting. Tom Capossela seconded. It was unanimous (6-0). The Chair stated that Marte Ruben application would be adjourned to the next month. 1) Pedro Lopez – This is a continuation from previous meetings. Pedro Lopez submitted a copy of the easement to the Board (attached). �The Chair noted that a stamped copy dated 07/18/94 discussing the easement for the common driveway. Pedro Lopez explained that he is removing the porch in the rear of the property and building out to the location of the existing porch. He stated that some of the neighbors are concerned with the parking impact. He showed some photos to illustrate the existing parking layout. He stated that he could fit four (4) cars on his property. He also stated that the Zoning Code requires two (2) parking spaces. The Chair asked the applicant to explain the neighbors concerns about increased traffic to the area. Pedro Lopez responded that the easement is not being respected. He stated that it is not used exclusively for egress/ingress. He also stated that not everybody leaves at the same time. The Chair asked if the parking area was paved. Pedro Lopez responded no. There was an open discussion on whether or not the area needed to be paved. It was decided that as per Village Code §62-14 (d), the parking area is not required to be paved since it is less than a three-family residence. The Chair opened the public hearing. Christine Hernandez (23 Barnhardt Ave) spoke. She stated that she is curious about the four (4) car parking arrangement. She stated that there are too many cars in the rear already. She stated that she is concerned with the potential conversion of the other houses in the neighborhood to 2-family. George Hernandez (19 Barnhardt Ave) spoke. He stated that he does not want additional traffic in the rear of the houses. He stated that he would lose a view of the Hudson River if the applicant were allowed to extend the property. Since there was no further public comments, Peter Koffler made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (6-0). Tom Capossela stated that the applicant could fix the residence without converting to a 2family residence. The Chair stated that he was concerned with the volume of cars in the area. He stated that the conversion to a 2-family house is a major concern to the neighbors. Sean McCarthy stated that the proposed 1.4 feet on one side of the house and 1.9 feet on the other side. He stated that the applicant could accomplish the same objectives without APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 2 �extending the building footprint. He also stated that based on the NYS Code requirements, the applicant would have a difficult time getting a building permit. Linda Moiron asked if the applicant would consider seeking the variance without converting the structure to a 2-family residence. Pedro Lopez responded that he needs the additional unit for his soon to be married son. The Chair asked if a 2-family Certificate of Occupancy needed. Bob Stiloski responded that two (2) kitchens require a 2-family residence. There was an open discussion on the parking layout. Tom Capossela made a motion to deny the variance because it is out of character with the neighborhood. Sean McCarthy seconded. The motion to deny the variance was approved 5-1 (Moiron). 2) Andrews/Rubick This is an application for an area variance to renovate and construct an addition onto a single-family residence where the proposed conversion creates the following noncompliances: Proposed Required Side yard is 1.00 foot Minimum of 3 feet is required. Front yard is not shown on the plans Min. front yard of 20-feet 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 06/13/03 2) Short EAF 3) Letter dated 06/04/03 denying a building permit. 4) Letter from Andrews and Rubick dated 06/12/03. 5) Plans Ed Swaby is the project architect and is representing this application. He stated that the revised plans show the front yard setbacks. He stated that with the existing porch, the front yard setback is 13.7 feet. He stated that all of the variances are due to the existing non-conformity. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 3 �The Chair asked if the applicant had been before the Architectural Review Board yet. Bob Stiloski responded that it was not required. Bob Ponzini stated that the Board could have the applicant apply to the Architectural Review Board for approval. Sean McCarthy asked the applicant to explain the renovations. Ed Swaby briefly described the renovations. He stated that the downstairs kitchen is too small. The Chair stated that the house is not out of character with the neighborhood. He also stated that the applicant could not perform any work without a variance due to the non-conformity. Ed Swaby spoke about the architectural details that are being looked at in order to keep the original architectural features intact. 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 (6-0). The Chair stated that the proposed variance is in character with the neighborhood, the variance is not substantial and that there is not a self-created hardship. Sean McCarthy made a motion to approve the variance as submitted and that the applicant must secure the approval of the Architectural Review Board. Tom Capossela seconded. It was unanimous (6-0). 3 Maria Graca This is an application for an area variance to convert a single-family residence into a twofamily residence where the proposed construction creates the following non-compliances: Proposed Front Yard setbacks are 9.5’ to 8.9’ Required Front yard setback of 20 feet is required. The side yard is 0.4-feet for the porch and 3.4-feet for the house. The other side is 8.5-feet to 7.6-feet for a total of 7.10-feet. Minimum side yard setback is 5-feet and a total (both sides) of 15feet. The Chair asked if the returns were received. Bob Stiloski responded that the applicant submitted the returns a few minutes ago. He stated that the returns need to be verified. The Chair stated that the application would continue until the returns are verified. The public notice was read aloud. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 4 �The Chair stated that the Board had received the following: 1) Application dated 06/11/03. 2) Denial of application for a building permit 3) Letter from Jim Margotta 4) Survey 5) Building plans dated 06/11/03. Richard Blancato is the attorney representing this application along with architect, Robert Pollick. Richard Blancato stated that the existing building is 1.5 stories tall. He stated that the proposed project would add another story on top and convert the property to a 2-family residence. He stated that a use variance is not needed since the property resides in an R-4 zoning district. He stated that the existing building is non-conforming. There was an open discussion on the non-conforming structure and the side yard setback. Richard Blancato stated that the existing footprint is not changing. There was an open discussion on whether a variance is sought or an interpretation of the Village Zoning Code is sought. Richard Blancato responded that the position of the applicant is that a variance is not needed. There was an open discussion on the setbacks and the previous sub-division. Richard Blancato stated that the 2nd floor would not expand the existing non-conformity. He stated that the new addition would conform to the building not the porch. He submitted photos that show other houses in the neighborhood are 2-stories. He also stated that this is the minimal variance that could be granted. The Chair stated that this is a self-created hardship. Richard Blancato responded that it is a permitted use and the self-created hardship is not an issue. The Chair stated that the property was purchased knowing that the house was non-conforming. Richard Blancato responded that the applicant is not expanding the use of the property. The Chair stated that the applicant is expanding a non-conforming structure. Sean McCarthy asked if the applicant would build on the existing load bearing front wall. Richard Blancato responded yes. Robert Pollick stated that the project complies with the Floor-Area-Ratio (FAR). There was an open discussion on the 2nd floor plans and the access to the 2nd floor addition. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 5 �Sean McCarthy stated that he would like to see the plans for the 2nd floor. He also asked about the parking. Maria Graca responded that one car currently is parked under the house. She stated that the other car would be parked in the rear of the property. Bob Stiloski stated that the returns are complete with one discrepancy. He stated that the person who did not receive a notice was in attendance this evening. The Chair opened the public hearing. Edina Modesta (127 North Broadway) spoke. She stated that she did not receive a notice. She stated that the Board should deny the proposed application. She stated that the application would change the character of New Broadway. She stated that the recent construction project that the applicant built is less than 2-feet from her property. The Chair asked if a variance was granted for the house. Bob Stiloski responded that a variance was not needed. Edina Modesta responded that the occupants of the property park on the street and not in the driveway. She stated that they take away from the other residents. Walter Sacconi (147 North Broadway) spoke. He stated that he was concerned with the proposed driveway. Baiha Rudzitis Pinnis (148 New Broadway) spoke. She read a prepared statement opposing the proposed variance. There was an open discussion on the side yard distance that is proposed. Bob Stiloski asked for drawings that are more detailed. Karen Herlihy (140 New Broadway) spoke. She asked about the time frame that the applicant would have to construct the addition. The Chair responded that the variance allows the applicant one year to complete the proposed work. Karen Herlihy responded that the applicant took much longer than one year to complete the recent construction on New Broadway. Sean McCarthy stated that the applicant should add the actual FAR numbers to the plans and provide a parking layout. Richard Blancato stated that the applicant would ask for an interpretation at the next meeting. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 6 �Tom Capossela recused himself from the Board so that he could speak as a member of the public. He stated that he resides at 5 Tappan Ave in Sleepy Hollow. He stated that he received a copy of the public notice. He stated that he is opposed to the proposed variance. The Chair made a motion to adjourn to the next meeting. Linda Moiron seconded. It was unanimous (5-0) (Capossela abstained). 4) Minutes of the February, May and June 2003 meetings - The minutes for February will be reviewed at the next meeting. The minutes for May 2003 were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (6-0). The minutes for June 2003 were reviewed. The Chair made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (6-0). Linda Moiron made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 10:07 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 7 � 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_2003-07-16 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