https://sleepyhollow.localarchives.org/files/original/da94bd3b07233e003e49325c53e37495.pdf dfe7fcc2f064bb84e44070ced8941b7b PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED September 21, 2005 The meeting was called to order by Robert Anello, Chairman at 8:24 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron James Galgano Gordon Swartz Peter Koffler Absent : Eliot Martone Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Announcements: The Chair stated that a memo was circulated to other Board members concerning videotaping the meetings. The Chair stated that the Board should allow videotaping this evening until the policy is reviewed and adopted. The Board unanimously agreed (4-0) (Koffler absent). The Chair stated that 300 North Broadway (Mill Point Partners) and Marino (56 Clinton Street) are adjourned to the next meeting at the request of the applicants. Agenda: 1) Cai 2) Van Hengel 3) Marte 4) Urgilies 5) Carissimo 6) Cellante 7) Minutes for June and July 2005 21 Freemont Road 2 Evergreen Way 34 Kendall Avenue 12 Clinton Street 256 Farrington Avenue 516 Bellwood Avenue 1) Cai This is an application for a variance to construct a one story family room addition and a new open deck addition where the proposed addition creates the following non-compliances: Lot Size Minimum lot size = 15,000-sf Existing lot size = 14,630-sf �Rear Yard setback Required rear yard setback = 25.0-feet Existing rear yard setback = 25.6-feet Proposed rear yard setback = 15.3-feet The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair noted the following: 1) zoning application 2) building plans William Cai is the owner and is representing this application. He submitted some photos of the existing deck. He stated that the existing deck is too small for his needs. The Chair asked the applicant to explain why he needs a variance. William Cai responded that the existing deck came with the house. He stated that there is no interference between his neighbor’s properties. He also stated that his neighbors do not object to the proposed construction. The Chair asked if the applicant had a map of the neighboring properties. William Cai responded no. Sean McCarthy stated that this is a corner lot. He stated that although this is the applicant’s rear yard, it is the neighbor’s side yard that is impacted. The Chair asked if there is any other way that the deck could be built to accommodate the applicant’s needs. William Cai responded that on the side yard is the master bedroom and he could not access the deck through the master bedroom. The Chair asked if the applicant to explain how he intends to extend the existing house. William Cai responded that he simply wants to add a room onto his house. The Chair asked if the variance is needed since he is adding a deck. Sean McCarthy responded yes. Gordon Swartz asked if the rear neighbor has indicated any problems with the proposed work. William Cai responded no. The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 2 �Kelly Lue (24 Fremont Road) stated that she is concerned with the setbacks. She stated that she is concerned that the house is already very large for the lot. She stated that the deck is very close to the neighbor’s house. She stated that if the proposed construction is allowed with the current zoning and building codes, she does not have a problem with the work. She is concerned with setting a precedent. Since there was no further public comments, Linda Moiron made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (5-0). The Chair questioned why the extended deck is needed as opposed to a patio. He stated that that the lot would generate the appearance of being very tight. He asked the applicant why an at grade patio would not be adequate. William Cai responded that the existing deck does not comply with the zoning code. He stated that a patio would not be useful due to the existing grade of the property. The Chair asked about the use for the deck. William Cai responded that he likes to read on the deck. He also stated that the house is relatively small to other houses in the neighborhood. He stated that the proposed construction would not be detrimental to the neighborhood. Sean McCarthy stated that the existing deck is non-conforming. The Chair reviewed the survey and stated that the existing deck is only 5-feet wide. The applicant confirmed this and stated that the proposed construction would only add an additional 5-feet. Peter Koffler asked if the deck was installed in the other open area of the rear yard. William Cai responded that it would be more functional to have the deck off of the kitchen as opposed to creating another entrance thru the master bedroom. Gordon Swartz asked if the deck could be wrapped around the house. William Cai responded that it would appear to be a walkway and not serve as a useful deck. Peter Koffler asked the applicant to explain his landscape plan. William Cai responded that he would be installing some evergreens on the Hemlock side near the curb to create some privacy for himself and to minimize the views. The Chair stated that it would help to see a landscape plan. He also stated that some more alternatives should be investigated. Peter Koffler stated that one possibility could be to investigate lowering the deck by adding one or two steps to minimize the visual impacts. William Cai responded that he is concerned with the safety of his family with the addition of the stairs. APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 3 �Peter Koffler made a motion to approve the addition on the house but adjourn the new deck to the next meeting. Linda Moiron seconded. It was unanimous (5-0). 2) Van Hengel This is an application for a variance to construct a front entry portico where the proposed addition creates the following non-compliances: Front Yard setback Minimum front yard setback = 30.0-feet Existing front yard setback = 30.53-feet Required front yard setback = 27.0-feet The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. Gloria Van Hengel is the owner and is representing this application. She stated that she wants to construct a portico in the front for protection from the elements. The Chair asked if the Board had any questions. Gordon Swartz asked if there are other houses with porticos. Gloria Van Hengel responded that there are a few porticos in the area. The Chair opened the public hearing. Since there were no public comments, Peter Koffler made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Peter Koffler made a motion to approve the proposed portico as submitted. Linda Moiron seconded. It was unanimous (5-0). 3) Marte This is an application for a variance to construct an addition to a single family residence where the proposed addition creates the following non-compliances: Front Yard setback Required front yard setback = 20.0-feet Existing front yard setback = 6.0-feet APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 4 �One side Yard setback Required one side yard setback = 5.0-feet Existing one side yard setback = 3.0-feet The public notice was read aloud. Jon Turnquist is the project architect and is representing this application along with the owner, Ruben Marte. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair noted that the Board had received the following: 1) application 2) plans The Chair stated that this property was before the Board on another application. He asked the architect to explain. Jon Turnquist responded that the applicant had appeared before the Board for the adjacent lot. He stated that the two lots have been combined into one lot. The Chair stated that the Village needs to ensure that the two lots are merged. Sean McCarthy responded that he would speak to the Village’s Assessor. Jon Turnquist described the existing layout. He stated that the proposed work is not affecting the existing non-conformities. He stated that the extra room is needed to accommodate the family’s need for more room since the owners just had a child. He stated that the proposed work is not out-of-character with the neighborhood and does not create an additional impact to parking or traffic. Peter Koffler asked about the rooflines. Jon Turnquist responded that the roofline was dropped down so that there would not have to tieinto the existing roofline. Ellen McDonough (23 Kendall Avenue) is concerned with the size of the addition. She asked about the removal of a tree from the site. Peter Koffler responded that the footprint is not changing. Jon Turnquist indicated where the addition is proposed on the site plan. The Chair stated that the proposed addition would make the house more likely to be used as a one-family house. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 5 �Linda Moiron made a motion to approve the application as submitted with the stipulation that the building department ensure that the two tax lots be combined into one lot. Peter Koffler seconded. It was unanimous (5-0). 4) Urgilies This is an application for a variance to construct a stair addition to a single family residence where the proposed construction creates the following non-compliances: Front Yard setback Existing front yard setback = 10.0-feet Required front yard setback = 20.0-feet One side yard setback Existing one side yard setback = 1.0-feet Required one side yard setback = 5.0-feet Combined side yards Existing combined side yard setback = 5.0-feet Required combined side yard setback = 15.0-feet Lot Width Existing lot width = 25.4-feet Required lot width = 40.0-feet Lot Size Existing lot size = 3010-sf Required lot size = 4000 -sf The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. Jon Turnquist is the project architect and is representing this application along with the owner, Pedro Urgilies. The Chair stated that this property was before the Board before. He stated that the kitchen was supposed to be removed. Jon Turnquist responded that the kitchen was not removed. He stated that the applicant is going to remove the kitchen along with the proposed construction. He spoke about the previous application. He stated that the applicant is seeking a variance to enclose the rear staircase. APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 6 �The Chair stated that the density problems in the area would not be impacted and the proposed changes are not out-of-character with the neighborhood. The Chair stated that the only reason that a variance is needed is due to the fact that the house is currently non-conforming. The Chair asked if the Board had any questions. Gordon Swartz asked if the house would be used as a one-family structure. Jon Turnquist responded yes. The Chair made a motion to open the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). Linda Moiron made a motion to approve the application as submitted with the stipulation that the kitchen be removed first before the stairs are constructed. Peter Koffler seconded. It was unanimous (5-0). 5) Carissimo – This is an application for a variance to construct a covered porch to the front and west sides of the existing house; add a two story addition to the east and south sides; and extend an existing wooden deck in the rear of the house where the proposed garage level of the two story addition to the east side creates the following non-compliances: One Side Yard Required one side yard = 10.0-feet Proposed one side yard = 7.0-feet The public notice was read aloud. Sandro Carissimo is the owner and is representing this application along with contractor George O’Reilly. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair noted that the Board had received the following: 1) application 8-15-2005 2) building plans dated 3-7-2005 Sandro Carissimo stated that this was approved by the Board over one-year ago. He stated that nothing in the application has changed. He summarized the proposed construction for the Board APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 7 �which included a two-story addition to the rear and expanding the one-car garage into a two-car garage. The Chair asked if the Board had any questions. There were none. The Chair made a motion to open the public hearing. Elizabeth Patyi (255 Farrington Avenue) referred to her letter to the Board. She noted her opposition of the proposed project. She stated that the proposed work will impact her views of the Hudson River. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). The Chair stated that according to the Zoning code, the height of the proposed structure complies with the zoning code. There was an open discussion on whether to refer this application to the Waterfront Advisory Committee. Sean McCarthy responded that this application is a Type II action under SEQRA and typically would not be reviewed by the Waterfront Advisor Committee. The Chair stated that the letter from Elizabeth Payti does not address objections to the location of the garage. He stated that the neighbor’s objection related to the height of the proposed structure. Sandro Carissimo showed the proposed impacts to the neighbor’s property via photos. Linda Moiron asked if the only non-compliant issue is the garage. Sean McCarthy responded yes. The Chair stated that the neighbor’s letter does not address the issues that focus around the variance. He asked if the Architectural Review Board had approved the application. Sandro Carissimo responded that the variance had expired prior to obtaining of the Architectural Review Board. The Chair asked if the Board had any questions. Peter Koffler asked about the other side yard setback. Sean McCarthy responded 17.6-feet. Gordon Swartz stated that the proposed addition does not appear to be very significant due to the extensive foliage. He asked if the fence was remaining. Sandro Carissimo responded that the fence was going to remain. APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 8 �The Chair asked if each garage was reduced by 1.5-feet, could the garage be effectively used. Sandro Carissimo stated that the existing garage is 12-feet. Sean McCarthy responded that by removing a few feet off of the proposed project, the structure would have to be modified. George O’Reilly stated that the additional structural elements would create a tight fit. The Chair stated that ways to eliminate the variance should be explored. Sandro Carissimo responded that anything could be designed. He spoke about the reasonable width of a two-car garage. The Chair stated that re-designing the garage might further justify the existing application. George O’Reilly stated that by eliminating just one-foot from the existing application would cause structural modifications that would make the garage non-functional. Peter Koffler stated that the alternatives need to be presented to the Board so that they can review. The Chair stated that the applicant needs to address the requirements for an area variance. Linda Moiron made a motion to adjourn this application to the next meeting. Peter Koffler seconded. It was unanimous (5-0). 6) Cellante This is an application for a variance to construct a one story addition where the proposed addition creates the following non-compliances: Rear Yard setback Minimum rear yard setback = 25.0-feet Existing rear yard setback = 29.9-feet Proposed rear yard setback = 18.0-feet The public notice was read aloud. Joe Bertolino is the project architect and is representing this application along with the owner, Anthony and Lourdes Cellante. The Chair asked if the returns were received. Sean McCarthy responded yes. Joe Bertolino explained the proposed project. He stated that the property is on a corner lot. He stated that the only other way to accommodate the applicant’s needs would be to totally renovate APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 9 �the entire first floor. He stated that the variance cannot be achieved any other way. He stated that this is not a self-created hardship and is not out-of-character with the neighborhood. The Chair asked about the distance from the rear neighbor. Anthony Cellante responded that the distance is about 20-feet. Peter Koffler asked if Architectural Review Board approval is needed. Sean McCarthy responded yes. Gordon Swartz asked if the driveway would change. Joe Bertolino responded no. The Chair opened the public hearing. Hugh Jones (253 Hunter Avenue) stated that he is representing the Reformed Church of the Tarrytowns (54 Kelbourne Avenue). He stated that if the owners would expand the property by only 5-feet, the proposed construction would conform to the zoning code. He stated that many of the houses in Philipse Manor conform to the zoning standards. He stated that there are other alternatives that can be used to meet the needs of the owners. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). The Chair stated that the applicant needs to demonstrate that the variance can only be accomplished in this manner. Joe Bertolino responded that the existing kitchen is not functional. The Chair stated that the applicant needs to demonstrate how the existing kitchen is not functional and how proposing the extension while confirming to the zoning code will not meet the applicant’s needs. The Board unanimously agreed that more details are needed. Gordon Swartz stated that he would like to see other possibilities explored. The Chair stated that without the platform, the required variance would only be 3-feet. He stated that the applicant needs to investigate how a 3-foot extension would make such a difference. The Chair noted a letter from Doug Ferguson (528 Bellwood Avenue). The letter states opposition to the proposed application. Joe Bertolino stated that the owners are in agreement to reducing the extension by 3-feet. The Board agreed that the public hearing needed to be re-opened. The Chair re-opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 10 �The Chair summarized the revised application. He stated the extension would be reduced 3-feet. He stated that the only portion that would violate the setback would be the stairs. Since there were no additional public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). Linda Moiron made a motion to approve the application as amended. Peter Koffler seconded. It was unanimous (5-0). 7) Minutes – The minutes for June and July 2005 will be reviewed at the next meeting. Adjourned at 10:36 p.m. Respectfully Submitted APPROVED - Zoning Board of Appeals Meeting, September 21, 2005 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/. 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