https://sleepyhollow.localarchives.org/files/original/702b561ad721513d0ae680239fb93112.pdf 323eed0a5d9ac633fbdfd959df87c4ff PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED March 17, 2004 The meeting was called to order by Robert Anello, Chairman at 8:02 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Tom Capossela Peter Koffler Eliot Martone James Galgano Absent : None Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: 1) James Nazemetz 134 Hunter Avenue 2) Dina Warren 217 Highland Avenue 3) Kathleen Fiorito 12 Hudson Terrace 4) Franklin Cabreja 42 Pocantico Street 5) Marisol Williams 120 Beekman Avenue 6) Minutes of the January and February 2004 meetings Announcements: None. 1) James Nazemetz This is an application for an area variance to construct a partial expansion of the east side of the residence where the proposed construction creates the following non-compliances: Required Min both side yards = 25’-0” Proposed Min both side yards = 22’-0” The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance 2) plans dated 11/17/03 James Nazemetz stated that his lot is only 50-feet wide where most lots in the area are �75-feet wide. He stated that the proposed work would still leave 10-feet on each side but the combined total side yards would require a variance. He submitted photos for the Board. The Chair asked if the addition was a one-story addition. James Nazemetz responded yes. He stated that the dining room would be expanded by 3feet. He stated that the materials would match the existing. The Chair asked if the lot is non-conforming. James Nazemetz responded yes. The Chair asked about the length of the current dining room. James Nazemetz responded it is currently 18’ x 8 ½’ and the proposed would be 18’ x 12’. The Chair stated that a 75-foor wide house would allow the 3-feet to be added without a variance. Linda Schaeffer (124 Hunter Ave) stated that she would be facing the expansion. She stated that she would like to keep the 20-foot buffer between the houses in case of a fire. She stated that she is concerned with the proposed metal roof and some of the proposed color selections. Chris Cummings (537 Bellwood Ave) stated that he is concerned with the spacing between lots. He stated that this would not be consistent with the neighborhood. Since there was no other public comment, James Galgano made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0) The Chair Stated that most of the concerns are with the proposed color selection. He also asked the applicant if the need could be addressed another way. James Nazemetz responded that color could not be dictated by the Village. He also stated that the metal roof is a matter of personal choice. The Chair asked if the expansion could be accomplished with less than 3-feet. James Nazemetz responded that 2-feet or less would not meet his needs. He stated that there is plenty of room to walk around the house with the addition. He stated that the house would still have 10-feet to the property line. Eliot Martone asked if a variance was needed when the addition was added to the house in 1994. James Nazemetz responded yes. Chair asked the Board for comments. Tom Capossela stated that he had no problem with the proposed application. APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 2 �Eliot Martone stated that the house is unique to the neighborhood. The Chair asked if the applicant would consider changing the roof from metal to shingle. James Nazemetz responded yes. The Chair stated that the proposed variance is the minimum variance allowed. He also stated that the proposed project is in character with the neighborhood. The Chair asked about the maintenance of the arborvitae. James Nazemetz responded that the arborvitae along the property line belong to him. He stated that he would be responsible for their maintenance. Linda Moiron made a motion to grant the variance with the following conditions: 1) Roof materials are shingles 2) Roof to match existing 3) Landscape screening between properties is maintained at its current height. Peter Koffler seconded. It was unanimous (6-0). 2) Dina Warren This is an application for area variances to construct a single story addition and add a detached carport on the west side of the property where the proposed construction creates the following non-compliances: Required Min one side yard = 10-feet Proposed Min one side yard = 5.64-feet Min two side yards = 25-feet Min two side yards = 15.44-feet Min distance from accessory bldg to principal bldg = 10-feet Min distance from accessory bldg to principal bldg = 5-feet The public notice was read aloud. The Chair stated that the Board had received the following: 1) Application for a variance dated 10/09/03 2) Short EAF 3) Plans dated 01/14/04 The Chair asked if the returns were received. Sean McCarthy responded yes. APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 3 �Sam Vieira is the project architect and is presenting this application along with David Warren. Sam Vieira summarized the proposed project. Eliot Martone asked if there is an existing variance on the house. Sam Vieira responded yes. He stated that the previous variance was for a side yard requirement. He also stated that the lot is non-conforming. He stated that the carport would be constructed where the owners currently park their cars. Lastly, he stated that the carport would be an accessory structure. There was an open discussion on accessory structures as per Village Code §62-13 (e). It was discussed that the accessory structure is not noticed properly and a new notice would need to be prepared for a variance. The Chair questioned why the carport could not be moved so a variance would not be needed. Sam Vieira responded that the current location is a plateau where the owners currently park their cars. He stated that in order to move the carport, the owners would have to remove existing trees from the property. There was an open discussion on the existing property easement. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (6-0). Sam Vieira requested that the Board consider the addition to the residence and postpone the accessory structure until it is properly noticed and further researched. The Board agreed. The Chair asked if the applicant could move the carport 5-feet from the main structure. There was an open discussion on the carport location. Peter Koffler made a motion to approve the variance with the following conditions: 1) Approve mudroom as submitted 2) Approve carport to be constructed 5-feet from primary structure. Eliot Martone seconded. It was unanimous (6-0). 3) Kathleen Fiorito This is an application for area variances to construct a 24’-0” x 20’-10” one-story addition where the proposed construction creates the following non-compliances: APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 4 �Required Min lot width = 40-feet Min front yard setback = 20-feet Min single side yard setback = 3-feet Min combined side yard setback = 12-feet Min distance from accessory bldg to side lot line = 3-feet Min driveway distance width=10-feet (existing 7.72-feet) Proposed Min lot width = 35-feet Min front yard setback = 10-feet Min single side yard setback = 1.3-feet Min combined side yard setback = 9.02-feet Min distance from accessory bldg to side lot line = 0.2-feet Min driveway distance width=8.25-feet In addition, a variance is required to the Village Zoning Code concerning alterations to an existing non-conforming building and lot. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance dated 02/10/04 2) plans dated 01/20/04 Sam Vieira is the project architect. He is representing this application along with Kathleen Fiorito. Sam Vieira summarized the proposed project. He stated that the existing 21’ x 11’ room would be demolished and a new 21’ x 24’ room would be constructed. He explained how the garage would be altered to make an outdoor dining area. Eliot Martone asked if the garage would still be used to store cars. Sam Vieira responded no. The Chair asked if the proposed would be affecting the non-conformity. Sam Vieira responded no. The Chair opened the public hearing. Carol Manca (16 Hudson Terrace) questioned the driveway changes. There was an open discussion to explain the existing conditions and the proposed changes to the driveway. Since there were no other public comments, Peter Koffler made a motion to close the public APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 5 �hearing. Eliot Martone seconded. It was unanimous (6-0). The Chair stated that the proposed variance is the minimum variance allowed that would accomplish the applicant’s goals. He also stated that the proposed project is in character with the neighborhood and that it is not a self-created hardship. Linda Moiron made a motion to approve the variance as submitted. Peter Koffler seconded. It was unanimous (6-0). 4) Franklin Cabreja This is an application for an area variance to install two front yard parking spaces on a non-conforming lot where the proposed construction creates the following noncompliances: Required Required lot width = 40’-0” Proposed Required lot width = 34’-0” In addition, a variance is required to the Village Zoning Code concerning alterations to an existing non-conforming building and lot. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. Jon Turnquist is the project architect. He is representing this application along with Franklin Cabreja. Jon Turnquist summarized the proposed project including the driveway. He stated that the interior floor plan changes are not before the Board. He stated that the proposed project would not be eliminating any on-street parking. The Chair asked about the sidewalk location. Jon Turnquist showed the location of the sidewalk. He stated that there is no on-site parking for the existing 2-family property. The Chair asked if Architectural Review Board approval is required. Sean McCarthy responded yes. Tom Capossela asked if there is an existing curb cut. Sean McCarthy responded no. He stated that a permit is required. The Chair asked about the Village’s front yard parking requirements. Sean McCarthy responded that less than three cars is allowed under Village Code §62-14. APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 6 �The Chair opened the public hearing. Manny Capello (44 Pocantico Street) stated that he was concerned with the excavating so close to his underground oil tank. He also expressed concerns regarding storm water runoff. He stated that he is not concerned with the parking proposal because it is needed in the area. Jon Turnquist responded that a dry well system would be installed so that zero runoff exists. He also stated that the existing elevation would not change as a result of the work. Kathleen Capello (44 Pocantico Street) stated that he is also concerned with the storm water runoff. Jon Turnquist responded that the proposed stairs could be flipped in order to gain an additional 5-foot of space from the property line. Rocky Martello (50 Pocantico Street) expressed concerns with the number of bedrooms and the number of parking spaces. Village Code § 62-14 (e) was reviewed. It was determined that the applicant is in compliance. Since there was no further public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). The Chair stated that no variances are before the Board regarding the interiors of the structure. He also stated that since this structure is non-conforming, it is the minimum variance sought. He also stated that this is not a self-created hardship. Lastly, he stated that there is no adverse impact to the neighbors and the project would be in character with the neighborhood. James Galgano made a motion to approve the variance with the following conditions: 1) A dry well system with zero runoff is installed. 2) Obtain Architectural Review Board approval for the retaining wall and stair location 3) No change in the finished elevation in the front yard. 4) Existing downspouts be tied into the dry well. Linda Moiron seconded. It was unanimous (6-0). 5) Marisol Williams This is an application for an area variance to construct a rear addition to a nonconforming building and lot where the proposed construction creates the following noncompliances: Required Min lot area = 4000- sq feet Min lot width = 40-feet Min front yard = 20-feet Min one side yard = 3-feet Proposed Min lot area = 3750-sq feet Min lot width = 37.5-feet Min front yard = 15-feet Min one side yard = 2.5 feet APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 7 �Min combined side yard setback = 12-feet Min combined side yard setback = 7.0-feet In addition, a variance is required to the Village Zoning Code concerning adding to an existing non-conforming building and lot. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance dated 02/17/2004 2) plans dated 12/31/03 The Chair asked if the applicant was expanding the non-conformity. Jon Turnquist responded no. Jon Turnquist discussed the proposed project. He stated that the owner wants to convert an existing one-family house into a two-family house. There was an open discussion on the accuracy of the public notice and the conversion of the structure from one-family to two-family. It was determined that the public notice would need to be corrected and re-distributed. 6) Minutes of the January and February 2004 meeting – The minutes for January 2004 were reviewed. Linda Moiron made a motion to approve the minutes as amended. Eliot Martone seconded. It was unanimous (6-0). The minutes for February 2004 were reviewed. Peter Koffler made a motion to approve the minutes as amended. Eliot Martone seconded. It was unanimous (6-0). The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 10:08 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 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-2004 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_2004-03-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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