https://sleepyhollow.localarchives.org/files/original/2bc7900682dcd57b71d0668c19e1ddd1.pdf 1690cf1f8c85344177ae79446e7de745 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED December 15, 2004 The meeting was called to order by Robert Anello, Chairman at 8:35 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Galgano Peter Koffler Absent : None Also Present: Rae Lee (Building Department/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Angel Gonzales 2) James Ford 3) Pedro Urgilies 4) Minutes 16 Andrews Lane 132 Bedford Road 12 Clinton Street Announcements: None. 1) Angel GonzalesThis 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: Front Yard Minimum one front yard setback = 20.0-feet Existing front yard = 6.0-feet One Side Yard Minimum one-side yard setback = 5.0-feet Existing one-side yard = 2.5-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. Rae Lee responded yes. The public notice was read aloud. This is a continuation of an existing application with a revised public notice. A copy of the application was provided to the Board. Jon Turnquist is the project architect. He is representing this application along with Mr. and Mrs. Angel Gonzales and Olga Marchese (niece of the applicant). Jon Turnquist showed drawings of the existing non-conforming 2-family residence. He showed the front elevation including the parking area. He also showed the floor plan of the existing apartments. He stated that the apartment has existed since the owners have lived at the property. He stated that the apartment was discovered to be illegal when a building permit was taken out to make repairs as a result of a nearby fire. The Chair asked if 2-family homes are permitted in the area. Jon Turnquist responded yes. He stated that there are many 2-family homes in the area. He also stated that the owners need the additional income. James Galgano asked how the property was listed on the tax rolls. Jon Turnquist responded that the house is listed as a one-family house. The Chair asked about the number of utility meters that currently exist. Angel Gonzalez responded that only one meter exists. The Chair asked if any supporting financial documents were available. Jon Turnquist responded no. The Chair explained the need for financial documents. He stated that the request is not out-ofcharacter with the neighborhood and it is the minimum variance that could be approved. The Chair opened the public hearing. Since there was no public comment, James Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). James Galgano stated that the prime concern is parking. He stated that the parking requirements have been satisfied. He also stated that the public did not oppose the application. He stated that he has no problems with the proposed variances. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 2 �The Chair asked if lot size information for other similar sized houses could be presented to the Board. Jon Turnquist responded that the information could be provided to compare to other houses in the neighborhood. There was an open discussion on the income and expenses associated with the maintenance of the house. This item was adjourned to later in the meeting so that the tax information could be verified. 2) James Ford This is a continuation from previous meetings. James Ford is the applicant and is representing this application. James Ford stated that the fence is required to keep out deer. He stated that an as-built survey and photos were submitted to the Board. The Chair asked if the applicant received ARB approval. James Ford responded no. He stated that the ARB application would be submitted after the variances were obtained. Peter Koffler asked what would stop deer from entering thru the front of the property. James Ford responded that the front of the property has an 8-foot drop off. He stated that the front is very steep. He also stated that additional money has been spent to landscape the property. The Chair noted an undated as-built survey showing the fence. Eliot Martone asked the applicant to orientate the photos to the survey. James Ford complied with the Board’s request. Linda Moiron asked why an 8-foot fence was required. James Ford responded that traditional deer fence is 10-feet. He stated that he contractor did not know about the Village’s 5-foot fence height limitation prior to installation. The Chair opened the public hearing. Since there was no public comment, James Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). Peter Koffler asked if the fence was successful so far. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 3 �James Ford responded yes. Peter Koffler made a motion to approve the application subject to the original design, size and location of the deer fence installed as reflected in the building plans (see attached). It is also subject to ARB approval. Linda Moiron seconded. It was unanimous (5-0). 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 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. Rae Lee responded yes. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 4 �The public notice was read aloud. A copy of the application dated November 29, 2004 was provided to the Board. Jeffrey Shumedja is representing this application on behalf on Pedro Urgilies. There was an open discussion on whether the time requirements have been met for the public notice. Jeffrey Shumedja responded that the application is revised based on conversation with the Board at the October 2004 meeting. The Village Code §62-44 was checked. It was determined that the 20-day notice period applies to publications and the public notice. It was determined that the applicant had met these requirements. Jeffrey Shumedja stated that the property was purchased in July 2003. He stated that the property was used for several years as a two-family residence by the previous owners. He stated that the applicant spent over $120,000 to improve the property. He 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 two-family residence. Lastly, he stated that upon getting a Certificate of Occupancy, it was discovered by the Village that the property is not a legal two-family residence. He stated that no changes were made to the exterior of the property. The Chair discussed parking. He stated that there is no proposal to overcome the parking requirements. Jeffrey Shumedja responded that the property has been used for 15 years without any parking difficulty. The Chair stated that the applicant does not address the need for parking in a very congested area. Jeffrey Shumedja responded that the only area that the applicant could lease a parking spot would be at the local church. He stated that the applicant has no other proposal to create parking but if he knew that the property was not a legal 2-family house, he would have ripped the house down and provided parking. Peter Koffler asked if the applicant was represented by counsel at the closing. Pedro Urgilies responded yes. He stated that all of the permits were issued by Bob Stiloski. He also stated that Bob Stiloski made numerous inspections during construction. Peter Koffler stated that the issuance of a building permit does not legalize the illegal apartment. Peter Koffler asked if the applicant knew that the property was a one-family house at the time of the closing. Pedro Urgilies and Jeffrey Shumedja responded yes. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 5 �Jeffrey Shumedja responded that the applicant applied to the Building Department for permits and tried to follow the law. The Chair stated that the problem did not start with the issuance of the building permit. The Chair stated that the problem started at the closing. Jeffrey Shumedja stated that the applicant has invested a lot of money in the property. He stated that the building footprint has not changed. The Chair stated that he is concerned with the parking issue. Jeffrey Shumedja responded that the investment would not have been made into the house. The Chair responded that the applicant knowingly purchased a one-family house. Pedro Urgilies stated that numerous improvements were added based on Bob Stiloski’s recommendations. The Chair opened the public hearing. Since there was no public comment, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). The Chair stated that the applicant needs to offer a parking arrangement. He also stated that the applicant should list the improvements exclusive to a 2-family property as well as providing renovation costs with backup documentation. Eliot Martone questioned how the property went to closing with a 2-family set-up and a 1-family Certificate of Occupancy. James Galgano stated that the tax rolls should be investigated to see if the property is listed as a 2-family house or 1-family house. Eliot Martone stated that he has a problem with the work being done and obtaining an approval afterwards. The Chair stated that this item needs to be investigated further. Peter Koffler made a motion to adjourn the application. James Galgano seconded. It was unanimous (5-0). ************************************************************************ 1) Angel Gonzales (CONTINUED)This is a continuation from earlier in the meeting, APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 6 �Jon Turnquist stated that the family has the following income and expenses: Income 1) Income from Social Security +$16,000/yr Expenses 1) Taxes 2) Utilities 3) Insurance 4) Repairs Total expenses - $ 8,000/yr - $ 3,600/yr - $ 900/yr - $ 2,400/yr -$14,900/yr The Chair asked if there were any other one-family houses on the block. Jon Turnquist responded that all the houses in the area are multi-family. Peter Koffler made a motion to approve the application subject to having the backup financial expenses information submitted to the Village within 30 days. A building permit can be issued once the financial documents are submitted. Eliot Martone seconded. It was unanimous (5-0). 4) Minutes – The minutes for November 2004 were reviewed. Eliot Martone made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (5-0). Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (5-0). Adjourned at 9:57 p.m. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 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-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_2004-12-15 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