https://sleepyhollow.localarchives.org/files/original/4eeae051f54d4da7bf9449ec82fcfba9.pdf af6157af063eebf4cd8d5d1164f44b28 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED October 20, 2004 The meeting was called to order by Robert Anello, Chairman at 8:05 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Galgano Absent : Peter Koffler Tom Capossela Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Mario Freire 2) Grace & Wai Man Yeung 3) Pedro Urgilies 4) James Ford 5) Minutes of the July 2004 meeting 42 Howard Street 254 Harwood Avenue 12 Clinton Street 132 Bedford Road Announcements: The Chair stated that since only four members are present, the applicant could request an adjournment to the November meeting since a unanimous vote would be required for approval. The Chair acknowledged the resignation letter from Tom Capossela. The Chair stated that Tom Capossela had been recently appointed to serve as a Village Trustee. 1) Mario FreireThe applicant is requesting an interpretation of the Village Zoning Code regarding front yard setbacks for corner lots. 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 2) cover letter from architect, Sam Vieira 3) copies of two zoning schedules 4) applicable code sections 5) zoning analysis regarding proposed development 6) tax lots and tax info Sam Vieira is the project architect and is representing this application on behalf of Mario Freire. The Chair asked if the application was for a variance. Sam Vieira responded that the request was for an interpretation only. The Chair stated that the Board could not move forward on certain issues since the public was not properly noticed. Sam Vieira spoke about the existing property. He spoke about several issues regarding developing the property between two developed lots. Sean McCarthy spoke about the Village code requirements regarding corner lots. He stated that the code requires a 20-foot front yard setback and a 10-foot setback for the “other” front yard. He stated that the applicant is seeking to make the setback 10-foot on both sides. The Chair read the applicable code sections regarding corner lots. There was an open discussion on the interpretation of the code. The Board agreed that the selected front yard would by default; make the “other” front yard as the side yard. The Chair stated that his interpretation of the Code was to avoid site line issues on corner lots. The Board unanimously agreed that the applicant should pick one yard as the front yard with a 20-foot setback and the other side would be a side yard with a 10-foot setback. In addition, the rear yard setback would be 25-feet. There was an open discussion on whether the applicant can build on an undersized lot as an “asof-right.” No action was taken. 2) Grace & Wai Man Yeung This is an application for variances to add to and alter an existing house and to construct a new detached garage where the proposed work creates the following non-compliances: APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 2 �Lot Width Minimum required = 75.0-feet Actual lot width = 73.5-feet Side Yard Minimum one side yard setback = 10.0-feet Existing side yard = 9.6-feet Combined side yards Minimum combined yards = 25.0-feet Existing combined yards = 19.8-feet Also: a) Application of Regulations - a variance is required (per the Village Zoning Code) regarding adding to and altering an existing non-conforming building and lot. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. Radoslav Opacic is the project architect and is representing this application along with Grace Yeung. Radoslav Opacic summarized the proposed project. He stated that the house would be modified within the existing footprint. He also stated that there is no impact to the front yard setback. The Chair asked if Architectural Review Board approval was required. Radoslav Opacic responded yes. The Chair asked about the new garage. Radoslav Opacic responded that the garage would be freestanding. He also stated that any new work performed on the structure would require a variance. The Chair asked why the applicant needed this new addition. Radoslav Opacic responded that the applicants require a home office that would be located in the attic. He also stated that a staircase would be required to access this space. He also stated that the existing bedrooms would be altered to accommodate the new staircase. The Chair asked if the Board had any comments. There was none. APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 3 �Radoslav Opacic showed a mass model to illustrate the increase in size. He also stated that the structure would change from a colonial to a modern structure. The Chair opened the public hearing. Amy Bogus (266 Harwood Ave) asked about the chimney side expansion of the structure. Radoslav Opacic responded that the structure was not changing on that side. Mary Ellen Joy (537 Riverside Drive) stated that she was concerned with the appearance of the new structure. Eliot Martone responded that the architectural features of the project are not within the Zoning Board’s jurisdiction. He stated that the Architectural Review Board would review the proposed building architecture. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). The Chair stated that this is the minimum variance that could be granted. He also stated that this project is not out-of-character with the neighborhood and that is not a self-created hardship. Jim Galgano made a motion to approve the variance as submitted. Linda Moiron seconded. It was unanimous (4-0). 3) Pedro UrgiliesThis is an application for variances to convert a single-family residence to a two-family residence where the proposed conversion creates the following non-compliances: Lot Size Minimum lot size = 4,000 sq feet Actual lot size = 2,972 sq feet Lot Width Minimum required = 40-feet Actual lot width = 25.0-feet Front Yard Minimum one front yard setback = 20.0-feet Existing front yard = 5.8-feet Side Yard Minimum side yard setback = 5.0-feet Existing side yard = 0.7-feet APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 4 �Combined side yards Minimum combined yards = 15.0-feet Existing combined yards = 4.1-feet Also: a) Application of Regulations – a variance is required (per the Village Zoning Code) regarding adding to and altering an existing non-conforming building and lot. b) Parking Spaces – Required – two parking spaces. Proposed – none. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. Jeffrey Shumedja is representing this application on behalf on Pedro Urgilies. He stated that the property was purchased in 2003. He also stated that the property was used for several years as a two-family residence. Jeffrey Shumedja spoke about the building permits that were obtained to make repairs on the two-family residence. He stated that the permits indicate that the property is a twofamily residence. Lastly, he stated that the Village records do not reflect that the property is a two-family residence. There was an open discussion on whether this was an application for a variance or for an interpretation of the Village Code. It was agreed that the applicant would be required to re-notice the public only if the applicant wishes to proceed. If the applicant wishes to proceed, they will be required to file an appropriate application for an interpretation of the Village Code. Linda Moiron made a motion to adjourn the application. Eliot Martone seconded. It was unanimous (4-0). 4) James Ford This is an application for an area variance to erect an eight-foot high fence where a maximum height of five foot is permitted. The Chair asked if the returns were received. Sean McCarthy responded yes. APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 5 �The public notice was read aloud. James Ford is the applicant and is representing this application. The Chair asked if Architectural Review Board approval was required. Sean McCarthy responded yes. James Ford stated that the fence is required to keep out animals. The Chair asked if the applicant had a schematic to indicate the location of the fence. It was unanimously agreed that more information is needed. Sean McCarthy stated that the fence is already installed. He stated that the fence was discovered during a recent inspection. Eliot Martone made a motion to refer this application to the Architectural Review Board. Jim Galgano seconded. It was unanimous (4-0). 5) Minutes of the July 2004 meeting – The minutes for July 2004 will be reviewed at the next meeting. Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0). Adjourned at 9:31 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 6 � 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_2004-10-20 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