https://sleepyhollow.localarchives.org/files/original/bef19e66784a9285d36f6a4da1db269b.pdf ba1288a4690b47e1c54cb63d02ae75a8 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED September 20, 2006 The meeting was called to order by Robert Anello, Chairman at 8:04 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron James Galgano Eliot Martone Absent : Peter Koffler Gordon Swartz Michael Fox Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Peter Castro 335 North Broadway 2) Other 3) Approval of minutes from June and July 2006 Change of Use Announcements: None. 1) Peter Castro This is an application for an area variance to alter an existing building and convert a portion of an existing business, where the proposal requires the following variances: Front Yard Setback (Lawrence Ave) Existing front yard setback = 4.3 ft Required front yard setback = 20.0 ft Rear Yard Setback Existing rear yard setback = 2.3 ft Required rear yard setback = 20.0 ft Front Yard Setback (Lawrence Ave) for canopy Existing front yard setback for canopy= 11.0 ft Required front yard setback for canopy= 20.0 ft Front Yard Setback (Broadway) for canopy Existing front yard setback for canopy = 4.5 ft Required front yard setback for canopy = 20.0 ft �Buffer Area Existing buffer area = 2.3-ft Required buffer area = 5.0-ft Article IV, section 62-7.B: Appl. of regulations Altering an existing non-conforming structure. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application for variance 2) Drawings dated July 12, 2006 3) Letter from John Lentini to Sean McCarthy dated July 12, 2006 John Lentini is the project architect and is representing this application. The Chair stated that the applicant is requesting several variances. He stated that the applicant is not addressing the parking requirements. He stated that two parking spaces are located in the buffer area. John Lentini responded that all of the requested variances are pre-existing. The Chair asked if parking can be located in the rear yard. Sean McCarthy responded that parking next to a residence is not permitted. The Chair referred to §62-14(d) (3). There was an open discussion on §62-14 (off-street parking) to determine parking requirements. It was agreed that the public notice was not correct. The revised notice must include the parking variances. The Chair referred to §62-14(c) for parking spaces and §62-22 for commercial uses. Sean McCarthy responded that the applicant should verify the property dimensions and place them on the plan. John Lentini responded that he would verify the site dimensions and place them on the plans. The Chair referred to the buffer area. John Lentini responded that the applicant is trying to eliminate the need for the buffer area. There was an open discussion on the buffer area requirements. The Chair recommended that the applicant be allowed to present the application to the Board and the public even though the public notice needs to be revised. John Lentini discussed the proposed application. He stated that the business will change the use of the automotive repair shop into a convenience store. He stated that the property abuts a APPROVED - Zoning Board of Appeals Meeting, September 20, 2006 2 �residence district. He stated that the garage doors would be closed and a store front would be constructed. The Chair asked if the Board had any questions. Eliot Martone asked how many businesses would operate at this property. John Lentini responded one. He stated that the gasoline sales would be separate from the convenience sales. He stated that if the convenience store business were to be sub-leased, a fire separation would be required between the two businesses. The Chair asked if a traffic study was performed. John Lentini that a formal traffic study was not performed. The Chair was concerned with the increased ingress/egress issues that would result at this site from the proposed change. Eliot Martone asked if part of this business became a fast food business would different code provisions apply. Sean McCarthy responded that there are different provisions for fast-food businesses. The Chair asked if different code provisions apply to adjacent automotive properties. Sean McCarthy referred to §62-20.2 regarding motor vehicle repair shops. After reviewing the code section, it was agreed that this code provision did not apply. The Chair asked if hot food would be served. Peter Castro responded possibly. He stated that there are no tables proposed. The Chair opened the public hearing. Don Catano of 23 Lawrence Avenue stated that parking in the area is a problem. He stated that the traffic conditions in the area are hazardous. Diane McNamara of 51 Lawrence Avenue stated that the buffer between the properties was never a problem. She stated that the repair shop across the street has been inhibiting parking and has brought additional traffic into the area. Mario Bellanich of 153 North Washington Street stated that he thinks that the proposed change of use will benefit the area. Don Catano stated that a traffic light on Lawrence Avenue would help traffic in the area. He stated that the application should have a traffic light added as a condition of the approval. Frank Occhipinti of 194 Webber Avenue stated that many of these items are Planning Board issues and are not matters within the Zoning Board’s jurisdiction. APPROVED - Zoning Board of Appeals Meeting, September 20, 2006 3 �Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0). The Chair stated that the proposed loading and parking plans should work together. He stated that the following parking variances need to be addressed: 62-14 (c), 62-14 (b) (3), 62-22 (ingress), 62-14 (d) (3) and 62-14(d) (2) screening for adjacent locations. He stated that the parking and screening requirements need to be addressed by the applicant. The Chair asked if the Board had any further questions. There were none. The applicant requested an adjournment to the next meeting. Eliot Martone made a motion to adjourn the application to the next meeting. Linda Moiron seconded. It was unanimous (4-0). 2) Other – Jim Galgano made a motion to have the Building Department retain an attorney who will send a direct request to the NY State Attorney General regarding the validity of the Board of Trustees recent action to overrule the Zoning Board’s decision on the Mountco application. The Chair seconded. It was unanimous (4-0). 3) Minutes for June and July 2006 The minutes for the June 2006 meeting will be reviewed at the next meeting. The minutes for the July 2006 meeting were reviewed. Linda Moiron made a motion to approve the minutes as amended. Eliot Martone seconded. It was unanimous (4-0). Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0). Adjourned at 8:56 p.m. APPROVED - Zoning Board of Appeals Meeting, September 20, 2006 4 � 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_2006-09-20 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