https://sleepyhollow.localarchives.org/files/original/f6f0528f69dc159390fb29e6e37fb21c.pdf 7899671f3737fba85959285218fca849 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED November 19, 2003 The meeting was called to order by Robert Anello, Chairman at 8:02 P.M. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Sean McCarthy Tom Capossela James Galgano Absent : Peter Koffler 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) Cirillo Rodriguez 150 Cortlandt Street 2) Vincent Shroba vacant lot, Webber Ave 3) Laurentino Rodrigues 172 Valley Street 4) Laurentino Rodrigues 58-60 Clinton Street 5) Eulogio Grullen 196 Cortlandt Street 6) Minutes of the September and October 2003 meetings Announcements: The Board went into executive session with counsel at 8:03pm. The meeting was resumed at 8:10pm. No action was taken. 1) Cirillo Rodriguez This is a continuation from previous meetings. Jeffrey Shumedja is the attorney representing this application. He reviewed the variances sought. He stated that many of the variances are existing conditions. He discussed the two variances that were a result of existing conditions: lot coverage and side yard setbacks. The Chair reviewed the items submitted to date. 1) Letter dated 9/17/03 from Jeffrey Shumedja to the ZBA Chairman. 2) Letter from Building Inspector denying the building permit. 3) Application dated 10/7/02 �4) 5) 6) 7) Letter from Bob Stiloski dated 4/30/03 Jeffrey Shumedja memo dated 5/21/03 Jeffrey Shumedja memo dated 7/16/03 Plans dated 5/1/03 Jeffrey Shumedja stated that revised plans were submitted to the Board and discussed at the last meeting. He stated that the plans were dated 9/28/03. Jeffrey Shumedja wanted previously submitted photos noted for the record. The Chair stated that the photos are in Bob Stiloski’s files. Jeffrey Shumedja stated that two groups of photos were submitted. He stated that photos were submitted showing side setbacks as viewed from the street. He discussed the setbacks from neighboring houses. He showed photos of 145 Cortlandt Street. Jeffrey Shumedja resubmitted a copy of the tax map for the record. He also spoke about the lot size. He stated that no other property on Cortlandt Street has a front yard. He also spoke about the square footage of neighboring properties. The Chair asked about the requested information that was omitted from the drawings regarding fire ratings and ventilation. Jeffrey Shumedja responded that the information was provided on the revised drawings and submitted last month. Sean McCarthy asked if the residence would contain sprinklers. Jeffrey Shumedja responded that the Department of Fire and Life Safety would have to advise. He stated that the applicant would comply if required. The Chair stated that there is an issue with the Bedroom/Dining room. He stated that there is a concern that the Dining room would be used as a bedroom. Jeffrey Shumedja stated that the applicant would agree to periodic inspections to ensure plans conform. The Chair stated that there is a concern with the proposed vacant space as indicated on the drawings. Jeffrey Shumedja responded that the space would eventually be used as office space. Jeffrey Shumedja stated that the building envelope only allows a 6.5-foot wide building. He stated that all parcels in the area have 50-92% lot coverage. He stated that the applicant is seeking a variance for 49% lot coverage. He stated that no property on the street meets the required 35% lot coverage. The Chair asked if the applicant had anything new to add. Jeffrey Shumedja responded no. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 2 �Jeffrey Shumedja stated that the addition does not adversely affect the neighborhood. He stated that no property has a front yard and that no property has a conforming property regarding lot coverage. He also stated that the work would be in character with the neighborhood. The Chair stated that parking is an issue. There was an open discussion regarding parking in the area. It was agreed that parking is available on the other side of the street. Jeffrey Shumedja stated that there is no other way for the applicant to use the rear of the property. The Chair stated that the applicant could build a smaller structure to better conform to the lot coverage requirement. Jeffrey Shumedja stated that the applicant could build from 28% to 35% to conform. The Chair opened the public hearing. Since there was no public comment, Tom Capossela made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Jim Galgano stated that the structure is already erected. He is concerned with the fact that it was erected without a permit but he does not want to have it torn down. Tom Capossela stated that he is concerned that the work was performed without a building permit. Sean McCarthy stated that he disagrees with the statement regarding no adverse effect on the neighborhood. He stated that the erected work could have been moved over to accommodate egress. He stated that adjacent structures are jeopardized. He expressed concern with storm water runoff to the property below. He also expressed concerns on the undetermined vacant space located on the second floor. Linda Moiron stated that the variance is substantial. She stated that a lesser variance could be achieved. The Chair stated that a self-created hardship exists. He stated that the applicant has built in the Village before and knows the Village procedures. He stated that he is concerned with congestion in the area. He also stated that the comparisons to other existing structures are not fair. He stated that the drawings are not realistic and that the vacant space should be identified. He stated that the applicant could build a smaller structure. The Chair stated that no need has been established. He stated that the existing structure conformed to the lot coverage requirement. Lastly, he stated that the variance is substantial. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 3 �Jeffrey Shumedja spoke about the applicants need for additional space for his family. He requested an adjournment to next month so that the plans could be revised. The Chair stated that the structure needs to be smaller not revised. Linda Moiron made a motion to deny the applicant’s request for a variance. Tom Capossela seconded. It was denied by a vote of 4-0 (Galgano abstained). 2) Vincent Shroba This is a continuation from previous meetings. Sean McCarthy recused himself from this application. The Chair stated that the Board is in receipt of new plans dated Nov 3, 2003. Sean McCarthy is the project architect and is representing this application. He stated that the entire package was resubmitted. He spoke about the changes to the plans. He stated that the prospective purchaser has purchased an additional 10-foot of property. This would extend the lot width. He stated that the rear entry and front deck have been removed. Sean McCarthy spoke about the site topography. He discussed in detail that the house has been pushed back from the street further than originally proposed. He stated that trees have been added to the site as well. Lastly, he stated that only one variance is needed (front yard). He stated that the applicant is proposing a front yard of 12-foot where 20-foot is required. The Chair asked if the house could be pushed back further. Sean McCarthy responded that the applicant is committed to a house width of 30’-6”. The Chair stated that the applicant could make the house longer to make up the lost space. Sean McCarthy responded that the house would appear to be larger. He stated that this would be more detrimental to the area. The Chair asked about the square footage of the proposed house. Sean McCarthy responded 2852 gross square feet. The Chair stated that the house could be lowered. Sean McCarthy responded that the first floor would be looking at a retaining wall due to the existing topographical conditions. He discussed the elevations. The Chair stated that the site could be re-graded and the site could be moved back. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 4 �Sean McCarthy responded that the house could not be moved back any further based on the existing grade and the retaining wall needed. The Chair noted that the local residents have submitted a petition. Sean McCarthy submitted photos for the record. Jim Galgano asked about the 15-foot right-of-way. Sean McCarthy responded that if the right-of-way were included in the front yard calculations, the house would be 27-feet from the street. He stated that the setback is measured from the property line. The Chair opened the public hearing. James Solmer (192 Webber Ave) asked about the method of entry since the front steps were eliminated. Sean McCarthy responded that the steps will remain but the steps would not be enclosed. John Arcate (225 Webber Ave) read the petition aloud for the record. The Chair asked about the property boundary based on the sale of 10-feet from the neighboring site. He questioned whether the existing garage would require a variance. Sean McCarthy responded that there is no requirement for accessory structures in the rear yard. John Arcate read the Westchester County Planning Board’s comment regarding the subdivision (from 1994). John Whalen (152 Webber Ave) spoke about the use of other modular sizes. Sean McCarthy responded that the modular houses range starting from 13-foot wide. Susan Tracey (229 Webber Ave) stated that she is opposed to the application. She stated that the needs of the client should not outweigh the needs of the neighborhood. Paul Miabo (191 Webber Ave) stated that the house is too close to the road. He stated that the house should conform to the neighborhood. Gary McLain (63 Sleepy Hollow Road) asked about the accessory structure requirements. Sean McCarthy responded that there is currently no requirement in the Village Code for accessory structures. Robert Santini (203 Webber Ave) spoke about the height of the porch. Sean McCarthy responded the open porch would be 5-feet above grade. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 5 �There was an open discussion on the porch and associated stair requirements in the Village Code. Since there were no further public comments, Tom Capossela made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). The Chair stated that he is concerned with the modular structure. Sean McCarthy responded that a smaller house does not meet the applicant’s needs. He stated that he could move the house back an additional 2-feet to reduce the front yard variance. The front yard setback would now be 14-feet where 20-feet were required. Jim Galgano stated that he would like to see the house moved back. He stated that he would like to see the front yard setback at minimum of 15-feet. Tom Capossela agreed with Jim Galgano. Linda Moiron stated that this is self-created. She stated that the applicant could build according to the Zoning code. She stated that a variance should not be needed at all. Sean McCarthy responded that the house would have to be 23-feet wide in order to comply with the Zoning code. The Chair stated that a 26-foot wide house along with the additional setback would almost eliminate the need for a variance. Sean McCarthy stated that the applicant is proposing a 27’-6” modular structure with the additional 2-foot setback. The revised front yard setback is now at 17’-0”. There was an open discussion on the interpretation of the front porch. Sean McCarthy stated that the landing would be 5-foot wide. Linda Moiron made a motion to re-open the public hearing. The Chair seconded. It was unanimous (4-0). Robert Santini (203 Webber Ave) asked if the stairs could be placed on the side of the house. Sean McCarthy responded that the stairs run parallel to the structure and are not included in setback calculations. John Arcate (225 Webber Ave) questioned the stairs including the landing. He also spoke about the line of sight on the same side of the street. Sean McCarthy responded that he has data to support the application concerning line of sight. Since there was no further public comment, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0). APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 6 �Jim Galgano made a motion to approve the variance with a 3-foot front yard setback. The Chair stated that he is still concerned with the open stairs. Bob Ponzini reviewed the Village code and stated that the language in the code is vague. Linda Moiron stated that he Board is here to grant relief. She stated that the front yard setback started at 5-feet and is now at 17-feet. The Chair questioned the size of the landing. Sean McCarthy responded that 5-foot is required for egress. Jim Galgano amended his motion to state the following conditions: 1) The landing and stair height would be 5-feet and the landing and stair width would be at 5-feet. 2) The front yard would only require a 3-foot variance and would be setback 17-feet from the front property boundary. 3) There is no requested variance for the rear yard. Tom Capossela seconded. It was unanimous (4-0). 3) Laurentino Rodrigues This is an application for an area variance and a use variance to demolish an existing single-family residence and construct a mixed-use commercial and residential building where the proposed construction creates the following non-compliances: Proposed Mixed-use development Required General commercial-mixed use is not-permitted. Building coverage is 72% Max coverage is 60% The public notice was read aloud. Sean McCarthy recused himself from this application. Sean McCarthy is the project architect and is representing this project . He summarized the application to date. He stated that the original proposal included 9-apartments, 1retail store, and a lot coverage of 95%. The revised proposal includes 6-apartments, 1retail store, and lot coverage of 72%. He stated that the Planning Board has issues with the density. He stated that the property is in a C-2 zone (commercial). He also stated that the zoning could include residential or commercial but not both (mixed). APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 7 �The Chair stated that a copy of the Planning board’s minutes should be provided to the Zoning Board. Tom Capossela stated that he is concerned with the traffic in the area. He asked if an emergency vehicle would have a problem accessing the area. The Chair asked if a traffic study had been performed. Sean McCarthy responded no. The Chair opened the public hearing. Since there was no public comment, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0). The Chair stated that the property currently has an approved use. He stated that he would have a problem with the use variance. Sean McCarthy responded that he does not understand how other mixed-use buildings in the same area and zoning district did not require use variances. Robert Ponzini stated that it is a non-permitted use. Sean McCarthy requested an adjournment. Linda Moiron made a motion to adjourn this application to the next meeting. Tom Capossela seconded. It was unanimous (4-0). 4) Laurentino Rodrigues This is an application for an area variance to construct a rear deck and kitchen expansion where the proposed construction creates the following non-compliances: Proposed Rear yard - 1.5-feet provided Required Min. rear yard of 20-feet The Chair read the public notice aloud. Laurentino Rodrigues is representing this application. He explained that the garage is existing and the kitchen would be expanded on top of the garage. The Chair stated that the parking spaces are non-conforming. Laurentino Rodrigues responded that the variance was granted by the Zoning Board to use the adjacent lot for parking. The Chair stated that the variance was not granted to allow sub-standard parking. The Chair noted the following for the record: 1) Memo to Jim Margotta from Bob Stiloski dated 05/14/03. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 8 �2) Memo from Jim Margotta to Laurentino Rodrigues dated April 2003 stating that the parking lot does not comply with approved plans. 3) Letter dated 09/25/03 from Village concerning complying with approved plans. 4) Letter from Bob Stiloski concerning a recent inspection of the site and outstanding violations. 5) Memo dated 11/19/03 from Village Engineer stating that parking lot does not conform to current code. The Chair stated that the applicant is seeking another variance at the same property while violations currently exist. Laurentino Rodrigues responded that the violations would be corrected. Laurentino Rodrigues briefly explained the project for the Board. The Chair asked if any parking spaces would be lost. Laurentino Rodrigues responded no. Tom Capossela asked is any tables would be placed outside. Laurentino Rodrigues responded no. The Chair asked if the handicapped parking space would be under the deck. Laurentino Rodrigues responded yes. The Chair asked if there were any other reasons for seeking a variance. Laurentino Rodrigues responded no. The Chair opened the public hearing. Since there was no public comment, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair stated that the applicant has failed to prove why a variance is needed. He also stated that a variance is sought while the property currently does not conform to the previously granted variance. He stated that he Building Inspector should investigate the parking issues and revoke the Certificate of Occupancy is necessary. He stated that this exasperated the parking problems in the Village. Laurentino Rodrigues requested an adjournment. Tom Capossela made a motion to adjourn this application to the next meeting. Sean McCarthy seconded. It was unanimous (5-0). 5) Eulogio Grullen - APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 9 �This is a continuation from previous meetings. John Hughes is representing this application along with Eulogio Grullen. John Hughes reviewed the layout. He stated that the proposed layout has been revised to reflect six tables. The Chair asked about the rest of the space. John Hughes responded storage. John Hughes stated that no parking exists in the area. He stated that the business would cater to local residents. The Chair asked about the liquor license. John Hughes responded that the applicant has a license to consume beer on the premises. He stated that no matter what type of use is approved for this space, a variance would be needed for parking. He stated that the applicant would make improvements to the bathroom facilities to make them handicapped accessible. He also stated that this would not be detrimental to the neighborhood. The Chair opened the public hearing. Since there was no public comment, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). Jim Galgano stated that he has no problem with the proposed variance. He stated that the variance would help the applicant. He also stated that the property used to be a restaurant a many years ago. The Chair asked about the total number of seats. John Hughes responded 12 total. Tom Capossela stated that he is concerned that more drinking will take place at this restaurant than eating. He is concerned with the bar set-up. John Hughes stated that the property has a current operating kitchen on-site. The Chair questioned the use of a pass-thru door into the grocery store. Eulogio Grullen responded that the restaurant used to have a door from the street side but it was closed. Bob Stiloski stated that he has seen food eaten on the site and the operation is very small. The Chair stated that the grocery store should be segregated from the restaurant. Sean McCarthy stated that he would recommend re-opening the restaurant entrance. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 10 �Jim Galgano made a motion to approve the variance with the following conditions: 1) No more than 12 seats. 2) Restaurant door to Cortlandt Street be re-opened. 3) Applicant seeks ARB approval for the restaurant door. 4) Applicant obtain Department of Health approval 5) Applicant obtains a building permit. Linda Moiron seconded. It was approved (4-1) (Galgano, McCarthy, Anello, Moiron). 6) Minutes of the September and October 2003 meetings - The minutes for September 2003 were reviewed. The Chair made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (5-0). The minutes for October 2003 were reviewed. Sean McCarthy made a motion to approve the minutes as amended. Tom Capossela seconded. It was unanimous (5-0). Linda Moiron made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 10:54 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 11 � 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_2003-11-19 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