https://sleepyhollow.localarchives.org/files/original/f161a2278eb5587a4f918df436bc85aa.pdf 0a9ee2a62841c4d17a79696ed21ec96b PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED April 19, 2006 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 Gordon Swartz Linda Moiron Michael Fox James Galgano Peter Koffler Absent : Eliot Martone Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Maria Quinde 30 Barnhardt Ave. 2) Henry Molina 49-51 Chestnut St. 3) Approval of minutes from February 2006 Add/alter a 1-family residence Construct a two family residence Announcements: None. 1) Maria Quinde This is a continuation from previous meetings. This is an application for a variance to construct to add to and alter an existing one family residence where the proposed addition creates the following non-compliances: Lot Area Minimum lot area = 4,000-sf Existing lot area = 2,440-sf Lot Width Minimum lot width = 40-feet Existing lot width = 24-feet One side yard Minimum one side yard = 5.0-feet Existing one side yard = 0.3-feet �Combined yards Minimum combined yards setback = 15.0-feet Existing combined yards setback = 6.6-feet Proposed combined yards setback = 5.78-feet Front yard Minimum front yard = 20.0-feet Existing front yard = 2.0-feet Building Coverage Maximum building coverage = 30% Existing building coverage = 33% Proposed building coverage = 36% Floor Area Ratio Maximum floor area ratio = 0.50 Proposed floor area ratio = 0.65 Richard Blancato is the attorney representing this application on behalf of the owners. Sean McCarthy stated that at the last meeting, the Board requested that the applicant provide the Board with revised drawings and information on the neighborhood. Richard Blancato reviewed the discussions from the last meeting. He stated that the Board had requested that the number of bedrooms be reduced. He discussed the bedroom configuration. The Chair asked if a schedule of the requested variances is available. Sean McCarthy provided a schedule of the requested variances. The Chair asked if there are any variances currently granted to the property. Richard Blancato responded no. He stated that it is a non-conforming lot. The Chair asked which variances would be increased from the existing non-conformity. Richard Blancato responded the floor-area-ratio (FAR) would be increased. The Chair stated that the FAR currently complies with the Zoning Code. Sean McCarthy stated that the proposed extension will cantilever the side yards out by 18-inches on each side yard. He stated that this extension increases the FAR, side yard and the combined side yard setbacks. He stated that the cantilevered portion counts towards the side yard setback calculations. Richard Blancato stated that the lower level is very narrow and to eliminate that narrowness, the upstairs was expanded. The Chair asked the applicant to explain how this application meets the requirements of an area variance. APPROVED - Zoning Board of Appeals Meeting, April 19, 2006 2 �Richard Blancato responded that the current family needs the additional space. He stated that there are 4 adults and 2 children are living in the house. He stated that there are insufficient bedrooms to accommodate the number of people living in the house. He stated that the NYS Building Code requires that a boy and a girl must have a separate bedroom once they reach the age of 12. The Chair requested that the applicant provide the Building Code section to the Board and the Building Department concerning the requirements for separate bedrooms for children over the age of 12. Richard Blancato continued to explain the bedroom configurations. The Chair asked if the open porch was included in the FAR calculations. Sean McCarthy responded that the open porch was not included in the FAR calculations. Richard Blancato stated that there are numerous multi-family houses in the neighborhood. He stated that by granting this change, it would not be an undesirable change to the neighborhood. He stated that the current house only contains one bathroom. He stated that the house is very small and the people are crowded. He stated that the variances are not substantial. He stated that the FAR increase from 0.50 to 0.65 is substantial. The Chair stated that a 30% increase is substantial. Richard Blancato stated that none of the homes in the area conform to the zoning regulations. The Chair stated that the application would increase the density of the neighborhood. Richard Blancato stated that this is not a self-created hardship. He stated that this house has been in existence for many years. The Chair asked if the Board had any comments. Gordon Swartz stated that the applicant had not addressed any of the public comments that were raised at the last meeting. He stated that the public was concerned with parking and overcrowding. He stated that the number of occupants currently living in the house is contributing to the parking problem in the area. He stated that the Board had also requested that the applicant provide a survey of the multi-family homes in the area. Richard Blancato responded that the project architect has all of the required documents but was unable to attend the meeting this evening due to a personal emergency. The Chair asked about the age of the children. Richard Blancato responded 8 and 10 years old. The Chair stated that the children would be of driving age soon and would be adding to the parking problem that currently exists in the neighborhood. Michael Fox stated that there are better ways to solve the bedroom issue than adding a large box onto the rear of the house. APPROVED - Zoning Board of Appeals Meeting, April 19, 2006 3 �Peter Koffler asked if the square footage of the current living space is known. Sean McCarthy responded 110 sf. Peter Koffler asked how long have the people have been living there. Richard Blancato responded that the family moved in over 1-year ago. The Chair stated that this is a self-created hardship. Richard Blancato disagreed. 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 (6-0). Richard Blancato requested an adjournment so that the requested information could be provided. The Chair stated that the applicant has requested many variances from the Board. He stated that some of the variances are substantial. He stated that the application would be detrimental to the neighborhood and is a self-created hardship. He stated that the documents should have been submitted to the Village in advance of the meeting. Richard Blancato stated that the Board should vote on the application this evening. Gordon Swartz asked if the public is informed about the status of the application. Sean McCarthy responded no. Gordon Swartz stated that he would like the public to comment on the survey. He stated that too much time has passed since the last public hearing. He stated that the applicant did not show up to the February meeting and cancelled its appearance at the March meeting. Richard Blancato stated that he would be willing to withdraw the application and re-apply. He stated that the applicant would try to reduce the size of the proposed addition and re-notice the public. Richard Blancato formally withdrew the application. 2) Henry Molina This is a continuation from previous meetings. This is an application for an area variance to construct a new two-family residence where the following variances are required: APPROVED - Zoning Board of Appeals Meeting, April 19, 2006 4 �Lot Area Minimum lot area = 4,000-sf Existing lot area = 2,112-sf Front yard Minimum front yard = 20.0-feet Existing front yard = 3.0-feet Rear Yard Minimum rear yard = 25.0-feet Proposed rear yard = 5.0-feet Combined side yard Minimum combined side yard = 12.0-feet Proposed combined side yard = 11.0-feet Building Coverage Maximum building coverage = 35% Proposed building coverage = 37% Jon Turnquist is the project architect representing this application along with the owner, Henry Molina. The Chair reviewed the requested items from the last meeting. Jon Turnquist reviewed the application to date. He stated that many variances are needed since the building lot is small. He stated that the area allows for commercial uses. He provided a comparison of neighboring houses to show that the neighboring houses do not conform to the zoning code. He also provided a plan that shows what could be built. He stated that if a commercial property was constructed, an elevated 2-story structure could be build with a lower level parking area. He stated that the commercial space would be limited to 900sf. He stated that this plan is not economically viable. The Chair asked about the adjacent property. Jon Turnquist responded that the adjacent property is residential. Sean McCarthy agreed. The Chair asked about parking. Jon Turnquist responded that 2 parking spaces are proposed. He stated that the 2 parking spaces would comply with the zoning code. There was an open discussion on the front yard setback requirement. It was agreed that the front yard setback requirement should be 10-feet and not 20-feet. The Chair asked the applicant to explain the interior layout. APPROVED - Zoning Board of Appeals Meeting, April 19, 2006 5 �Jon Turnquist proceeded to explain the interior layout. The Chair asked if the applicant could eliminate 1-foot off of the side yard, it would eliminate the side yard variance and the lot coverage variance. He stated that the number of variances needed would be reduced to three (3). Jon Turnquist responded that he could reduce the proposed width by 1-foot in order to comply. The Chair asked if the Board had any questions. Gordon Swartz stated that there should be a more thought out plan to address the character of this street. Jon Turnquist responded that there are commercial areas on Valley Street. He stated that Chestnut Street is more residential than commercial. He discussed the streetscape in the area. The Chair opened the public hearing. Since there were no public comments, Gordon Swartz made a motion to close the public hearing. James Galgano seconded. It was unanimous (6-0). The Chair stated that the proposed plan provides the required parking. He stated that the lot is sub-standard and the development options are reduced as a result. He stated that the commercial proposal would not be economically feasible since the allowable property that can be constructed would be too small to overcome the construction costs. He stated that this is not a self-created hardship since the existing lot is small. Linda Moiron made a motion to approve the application with the condition that the side yard would be reduced by one-foot. James Galgano seconded. It was unanimous (6-0). 3) Approval of minutes from February 2006 – The minutes for February 2006 were reviewed. James Galgano made a motion to approve the February 2006 minutes as submitted. Linda Moiron seconded. It was unanimous (6-0). Adjourned at 9:12 p.m. Respectfully Submitted APPROVED - Zoning Board of Appeals Meeting, April 19, 2006 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-2006 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_2006-04-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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