https://sleepyhollow.localarchives.org/files/original/f2c77442b8cf1f73753cab2c8ff48d48.pdf 3f956a9e5c571e94b53091106f5272e6 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED July 21, 2004 The meeting was called to order by Robert Anello, Chairman at 8:00 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Tom Capossela James Galgano Absent : Peter Koffler Linda Moiron Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Agenda: 1) Marisol Williams 2) Laurentino Rodrigues 3) Elizabeth Basescu 4) Ralph Darby 5) Sebastian Silva 6) Minutes of the June 2004 meetings 120 Beekman Avenue 72 Chestnut Street 37 Pierson Avenue 8 Kendall Avenue 70 Pocantico Street Announcements: The Chair stated that since only four members are present, the applicant could request an adjournment to the September meeting since a unanimous vote would be required for approval. 1) Marisol WilliamsThis is a continuation from previous meetings. Adali Yan is representing the application. She claims to be one of the owners of the property. The Chair informed the applicant that plans that are more detailed were requested by the Board at the last meeting. Adali Yan responded that there was no new information to present at this time. The Chair summarized the application to date. �Adali Yan stated that she would like to return at the October meeting with the additional information that the Board requested. There was an open discussion on whether the application should be withdrawn and submitted as a new application with new public notices. It was decided by the applicant that the current application be formally withdrawn. Jim Galgano made a motion to withdraw the application. Tom Capossela seconded. It was unanimous (4-0). 2) Laurentino Rodrigues This is a continuation from previous meetings. Herbert Bosner stated that the revised plans dated 06/30/2004 show the revised layout of the interior. He also stated that there is adequate parking on-site. Sean McCarthy stated that the building footprint was modified to reflect the new staircase. The Chair asked if the public notice was changed. Sean McCarthy responded that the only change was in the lot coverage. It has increased from 35% to 36%. The Chair asked if the Board had any questions. There was none. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0). The Chair noted that the application was not out-of-character with the neighborhood. He also stated that this application is not a self-created hardship and that this would be the minimum variance granted. The Chair also noted that the request to convert the property to a 2-family residence was withdrawn. Jim Galgano made a motion to approve the application as submitted. Tom Capossela seconded. It was unanimous (4-0). 3) Elizabeth BasescuThis is an application for variances to add a roof trellis over a patio and add a one-story addition where the proposed work creates the following non-compliances: APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 2 �Lot Width Minimum required = 75-feet Actual lot width = 70.0-feet Side Yard Minimum side yard setback = 10-feet Existing side yard = 15’-8” Proposed side yard = 6’-8” The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) application dated 06/08/04 2) survey of property 3) tax map 4) building plans dated 02/07/03 5) revised building plans dated 08/25/03 Elizabeth Basescu is the applicant and is representing this application. She spoke about adding a one-story addition and adding a roof trellis over a patio and expanding the driveway. Sean McCarthy stated that the trellis is considered a structure. Elizabeth Basescu stated that this was the only location that the trellis could be constructed due to the location of the existing patio and French doors. Eliot Martone asked if the trellis was free standing. Sean McCarthy responded that it was attached to the house. The Chair asked about the use of the one-story addition. Elizabeth Basescu responded that the addition would be used for additional living space. The Chair opened the public hearing. Robert Ryan (25 Pierson Ave) stated that he had no concerns with the extension. He stated that he was concerned with the driveway expansion and the relation to his property. He stated that his primary concern is the cutting of the existing masonry wall that is shared between the two properties. The Chair stated that the driveway width and location is not within the Zoning Board’s jurisdiction. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 3 �There was an open discussion on where a retaining wall could be built in this zoning district. Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). The Chair stated that the proposed addition is in character with the neighborhood. He also stated that this is not a self-created hardship and that the variance would be the minimum variance allowed to accommodate the applicant’s needs. Tom Capossela made a motion to approve the application as requested. Eliot Martone seconded. It was unanimous (4-0). 4) Ralph Darby This is an application for area variances to convert the existing building to a single-family residence and artist’s studio where the proposed work creates the following noncompliances: Lot Coverage Maximum required = 35% Existing lot coverage = 92.5% Front Yard Minimum front yard setback = 20.0-feet Existing front yard setback = 4.09-feet One Side Yard Minimum one side yard setback = 3.0-feet Existing one side yard = 0.5-feet Combined yards Minimum combined yards = 12.0-feet Existing combined yards = 1.69-feet Rear Yard Minimum rear yard setback = 25.0-feet Existing rear yard setback= 0.70-feet The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 4 �John Hughes is representing this application along with Ralph Darby. The Chair asked if a parking variance was needed. John Hughes responded no. He stated that there is a 6-car parking lot next to the property. The Chair asked who currently parks in the lot. Ralph Darby responded that the current owners allow the neighbors to park in the lot. John Hughes stated that the property would not be changing. The Chair stated that the Board was in receipt of the following: 1) application 2) short EAF Ralph Darby stated that he is a sculptor. He stated that the studio would be used for his work. He stated that the house would be used as his primary residence. The Chair asked if Ralph Darby had any employees. Ralph Darby responded that for a large project, he would take on an assistant for the duration of the project only. The Chair asked about the vehicles that would be at the property. Ralph Darby responded that there is a van and a family car. Eliot Martone asked if the property would be used as a gallery or as a studio. Ralph Darby responded that he would open up the studio from time to time for clients but it would not be a formal gallery. Tom Capossela asked if anyone would be living in the studio. Ralph Darby responded that nobody would be living on the first floor. John Hughes stated that Mr. Darby’s wife is a painter. He stated that the studio would be used by both owners. The Chair opened the public hearing. Ellen McDonough (23 Kendall Ave) stated that she is concerned with the no parking area in front of the building. She also stated that she is concerned with any potential noise resulting from the studio. Sean McCarthy responded that the Village has a noise ordinance. The Chair asked the applicant about the hours of operation for the studio. Ralph Darby responded that the studio would not be opened past 9pm. The Chair asked if there were any other public comments. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 5 �There was none. Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). The Chair stated that the proposed addition is in character with the neighborhood. He also stated that this is not a self-created hardship and that the variance would be the minimum variance allowed to accommodate the applicant’s needs. Jim Galgano made a motion to approve the application with the following conditions: 1) no commercial use after 10pm 2) must follow home profession regulations of the Village code Eliot Martone seconded. It was unanimous (4-0). 5) Sebastian Silva This is an application for an interpretation of the Village Zoning Code, Chapter 62, alleging that the Building Inspector is in error in refusing to grant a certificate of occupancy for the continued use of the basement apartment. Article VII: Non –Conforming uses Section 62-23.A: Continuation. A use or structure existing at the effective day may be continued. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) application dated 05/13/04 2) EAF 3) letter dated 07/03/02 (unsigned) from the Village plumbing inspector 4) letter dated 07/03/02 from Antonio Saris 5) letter dated 04/15/02 from Robert Stiloski stating that the apartment is illegal 6) letter dated 07/25/02 from building department denying a 3-family certificate of occupancy 7) landlords report (landlord decontrol) dated 11/1973 Richard Blancato is representing this application along with Carlos Rodriguez. Richard Blancato submitted documents to the Board. He stated that all three apartments were previously rent controlled. He submitted a cover letter from former Village Attorney Gesari. The letters indicated that Mr. Gesari de-controlled all three apartments between 1971 and 1973. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 6 �Richard Blancato stated that the property was purchased in 1965. He stated that the owner lived in the basement apartment until 1971. He stated that the apartment has been in use continuously as an apartment. Lastly, he stated that Robert Stiloski served the owner with a criminal summons and stated that the apartment was recently renovated without a building permit. Sean McCarthy stated that the Building Department records indicate a 2-family residence. Eliot Martone asked about the tax records. Richard Blancato responded that the town tax records indicate a 3-family residence but the Village’s tax records indicate a 2-family residence. Carlos Rodriguez (son-in-law of the owner) stated that he could verify the duration of a 3-family residence from 1964 to present. Tom Capossela stated that work was performed in 1969. He asked if any permits were filed. Richard Blancato responded that no records are available. It was agreed that the testimony to be made to support the applicant would be made under oath. The Chair swore in Catherine Castigliari (60 Pocantico Street). She stated that she has lived at her address since 1957. She stated that the property was always a 3-family residence. She stated that the DiFelice family owned the property until 1965. She recalled the names of several people who resided at the property. The Chair swore in Carlos Rodriguez. He stated that the property was purchased in 1965. He stated that the property always had a person living in the basement apartment. He stated that he is familiar with the property since 1971. He stated that Robert Stiloski went performed inspections throughout the neighborhood and stated that the basement apartment was illegal. He also stated that he has never lived at the property. The Chair swore in Maria Friere (42 Howard Street). She stated that she is familiar with the property. She stated that she lived on the first floor of the property for 13 years. She stated that there was always a tenant living in the basement apartment and that the property always contained three families. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). There was an open discussion on the Village records, owner records and the recent property inspection. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 7 �The Chair made a motion to reject the interpretation of the Building Department and stated that the property pre-existed the Village Zoning Code and is a 3-family residence. The Chair also stated that the Board is not making any approvals as to the Village Building Code and the condition of the property. Jim Galgano seconded. It was unanimous (4-0). 6) Minutes of the June 2004 meetings – The minutes for June 2004 were reviewed. Eliot Martone made a motion to approve the minutes as amended. Tom Capossela seconded. It was unanimous (4-0). Eliot Martone made a motion to adjourn. Tom Capossela seconded. It was unanimous (4-0). Adjourned at 9:31 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, July 21, 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_2004-07-21 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