https://sleepyhollow.localarchives.org/files/original/23cef6168d7b1a3e7a073c9dbd61bc94.pdf 02f0518ad9073dea9c03d1f86cc859af PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED October 18, 2006 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 Linda Moiron Peter Koffler Gordon Swartz Eliot Martone Absent : James Galgano Michael Fox Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Peter Castro 335 North Broadway 2) Ribeiro 56 Howard Street 3) Dugan 138 Merlin Avenue 4) Feliciano 26 Kendall Avenue 5) Samaras 175 Valley Street 6) Approval of minutes from June and September 2006 Change of Use Addition and alteration Addition and alteration Addition and alteration Discussion Announcements: None. 1) Peter Castro This is a continuation from the previous meeting. 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 Proposed buffer area = 0.0-ft Required buffer area = 5.0-ft Article IV, section 62-7.B: Appl. of regulations Altering an existing non-conforming structure. Food Service Establishment Cannot be located within 200 ft. of another food service establishment. Premise is located 85.75 ft. from Getty station/ convenience store. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. John Lentini is the project architect and is representing this application along with owner Peter Castro, Sr. and Peter Castro Jr. The Chair asked if a new application had been received. John Lentini responded that the plans presented last week have not changed. John Lentini stated that the applicant has owned the building since 1983. He stated that the building has existed in the Village prior to the adoption of the zoning code. He stated that the emissions control requirements have made operating the garage financially difficult. He stated that the applicants request to change the use from a garage to a convenience store is the only gasoline business in the area that is required to comply with the zoning code. The Chair asked if the applicant had proof that there is a financial hardship. Peter Castro Sr. responded that his revenue has significantly decreased based on the specialized knowledge that is required to repair today’s automobiles. The Chair responded that specific documentation is required for the Board to consider financial hardship as a consideration in this application. John Lentini gave a brief history of the history of Route 9. He stated that the conversion of the garage into a convenience store will not impact traffic in the area. APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 2 �The Chair asked if a traffic study was performed. John Lentini responded no. There was an open discussion on whether a traffic study was performed. Peter Castro Sr. stated that the proposed change of use would not greatly impact the flow of traffic in the area. Eliot Martone responded that the business would bring traffic into the property. He stated that the concern in with the ingress and egress into the property. The Chair referred to the minutes from the September meeting regarding a traffic study. The Chair stated that the Board needs documentation to support some of the statements made by the applicant. John Lentini responded that he would prepare a business plan The Chair asked if the parking issues were addressed by the applicant. Sean McCarthy responded that in 1991, the applicant received site plan approval. He stated that the parking is in compliant although the plans do not reflect the required 5-foot buffer for the employee parking area. The Chair asked if the Board had any questions. There were none. The Chair opened the public hearing. Don Catano of 33 Lawrence Avenue stated that parking in the area is an issue. He gave a description of the property make-ups on Lawrence Avenue. He stated that the illegal apartments on Lawrence Avenue are also contributing to the problem. He presented a photo of the applicant receiving a gasoline delivery to show some of the potential traffic issues. Frank Occhipinti of 194 Webber Avenue stated that he thinks that the proposed change would be an improvement in the area. He stated that the Planning Board has already addressed the issue regarding the delivery of gasoline. He stated that the need for a traffic study on Route 9 would not show any information on how traffic into and out of this property could be understood. Mario Bellanich of 153 North Washington Street stated that some of the convenience store business would be generated by foot traffic. He stated that he walks to the convenience stores several times a day. He stated that the proposed application would benefit the area. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). The Chair stated that there is no new information presented to the Board since the last meeting. He reviewed the issue of hardship. He stated that supporting information is needed to support APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 3 �the hardship claim. He also asked for a traffic study to be presented to the Board to show the ingress and egress impacts. He stated that the prior variance should be reflected in the new site plan. John Lentini stated that he would like to present this information to the Planning Board. He asked if the applicant could be referred to the Planning Board. Sean McCarthy responded that the Planning Board referred this application to the Zoning Board. Peter Castro Sr. stated that he can get gasoline deliveries at any hour. He stated that this could be a condition of the approval. Peter Castro Jr. asked the Board for a clear understanding of what the Board is requesting of the applicant. The Chair reviewed the guidelines for granting a variance. He stated that the variance needs to be supported with proper documentation. He stated that the applicant needs to show how cars will enter and exit the site in a safe way. He stated that there will be an anticipated increase of traffic to the property. Peter Koffler stated that the presentation should be supported by facts. The Chair stated that this information will be required if the applicant eventually appears before the Planning Board. John Lentini requested an adjournment to the next meeting. Linda Moiron made a motion to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (5-0). 2) Acacio Ribeiro This is an application for an area variance to add to and alter an existing two family residence where the following variances are required: Lot width Existing lot width = 37.5-ft Required lot width = 40.0-ft Front Yard Setback Existing front yard setback = 9.8 ft Required front yard setback = 20.0 ft Accessory building coverage Existing accessory building coverage = 42% Maximum accessory building coverage = 30% APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 4 �Distance of accessory building to rear lot line Existing distance = 1.3 ft Required distance = 3.0 ft Distance of accessory building to side lot line Existing distance = 1.3 ft Required distance = 3.0 ft Side Yard Setbacks Minimum one side yard setback = 5.0 ft. Existing one side yard setback = 3.1 ft. Proposed one side yard setback = 3.1 ft. Combined Side Yard Setback Minimum combined yard setback = 15.0 ft. Existing combined yard setback = 12.6 ft. Proposed side yard setback = 12.6 ft. Sam Vieira is the project architect and is representing this application on behalf of the owners. The Chair asked if the returns were received. Sean McCarthy responded yes. Public notice was read aloud for the record. The Chair asked if any of the existing variances are being increased. Sam Vieira responded no. The Chair stated that the Board is in receipt of the following: 1) Application 2) Building plans dated 9-14-06 3) Site plan Sam Vieira stated that the applicant recently purchased the property. He stated that the owner wants to make some modifications to square off the house. He stated that the proposed addition is 110 sf on the first floor. He stated that second floor addition adds an additional 395 sf. He stated that all of the parking requirements have been met. He stated that the increase in the size of the house is 28%. The Chair asked if this property would be owner occupied. Sam Vieira responded yes. He stated that the owner will occupy the ground floor. The Chair asked why the variances should be granted. APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 5 �Sam Vieira responded that the units are small. He stated that the owner’s brother will occupy the second unit. The Chair asked how the size of the dwelling units compares to other units in the area. Sam Vieira responded that neighboring house compares to the size of the house. The Chair asked if the house was built before the zoning code was adopted by the Village. Sam Vieira responded yes. Sean McCarthy asked if the attic space would be used for living space. Sam Vieira responded that the attic or basement would be used for living space. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). Linda Moiron stated that this is in character with the neighborhood. Peter Koffler stated that this is the minimal variance that could be granted. Linda Moiron made a motion to grant the variance as requested. Eliot Martone seconded. It was unanimous (5-0). 3) Brian Dugan This is an application for an area variance to add to and alter an existing single family residence where the following variances are required: One Side Yard Setbacks Minimum one side yard setback = 10.0 ft. Existing one side yard setback = 5.0 ft. Proposed one side yard setback = 5.0 ft. Combined Side Yard Setback Minimum combined yard setback = 25.0 ft. Existing combined yard setback = 16.6 ft. Proposed side yard setback = 16.6 ft. The Chair asked if the returns were received. Sean McCarthy responded yes. Public notice was read aloud for the record. APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 6 �The Chair stated that the Board had received the following: 1) Application 2) Building plans Brian Dugan is the owner and is representing his application. Brian Dugan spoke about the proposed changes. He reviewed the proposed changes to the building footprint. He stated that the changes to the footprint are within the zoning code. Sean McCarthy reviewed the reason why the variance is needed. He stated that the applicant would still need a variance based on the existing non-conformity. Brian Dugan stated that the house is currently 1800 sf and the proposed changes would create a 2200 sf house. He stated that the lot size is restricting the proposed alterations. Gordon Swartz asked if the proposed addition would put the house closer to the neighbor. Brian Dugan responded no. He stated that the proposed deck would be facing the neighbor’s bedroom but they do not have a problem with the proposed work. The Chair asked if the Board had any comments. There were none. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). The Chair stated that the proposed changes are in character with the neighborhood. He stated that there this is the minimal variance that could be granted to achieve the desired change. He stated that the application is not a self-created hardship. Gordon Swartz made a motion to grant the variance as requested. Peter Koffler seconded. It was unanimous (5-0). 4) Feliciano This is an application for an area variance to add to and alter an existing one family residence where the following variances are required: Lot area Existing lot area = 2,056 sf Required lot area = 4,000 sf APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 7 �Lot width Existing lot width = 25.0 ft Required lot width = 40.0 ft Building coverage Maximum permitted coverage = 35%. Existing building coverage = 33%. Proposed building coverage = 37%. Front Yard Setback Minimum required front yard set back = 20.0 ft. Existing front yard = 12.0 ft. Proposed front yard set back = 12.0 ft. One side yard setback Minimum one side yard set back = 5.0 ft. Existing one side yard set back = 0.8 ft. Proposed one side yard set back = 0.8 ft. Combined side yard setbacks Minimum combined yard set back = 15.0 ft. Existing combined yard set back = 6.3 ft. Proposed combined yard set back = 6.3 ft. Floor Area Ratio Existing floor area ratio = 1.00. Permitted floor area ratio = 0.52 maximum. Proposed floor area ratio = 1.10. Required Parking Spaces Required = One Proposed = None The Chair asked if the returns were received. Sean McCarthy responded yes. Public notice was read aloud for the record. The Chair stated that the Board had received the following: 1) application dated 9-13-06 2) Survey 3) Building plans dated 9-11-06 Mark Casis is the builder and is representing this application along with engineer, Charles Brown. APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 8 �The Chair stated that most of the requested variances are pre-existing. Mark Casis stated that the owner is looking to expand the house to accommodate his family. Charles Brown stated that the house is a single-family dwelling. He reviewed the proposed changes. He stated that the house is a three-story structure. He stated that the house would be squared off to give it a more uniform appearance. He stated that the building would have a sprinkler system installed as part of the renovations. The Chair asked if a restriction could be placed on the approval so that the property cannot be used as a 2-family house and that no application can be made to convert the house into a 2-family house. Linda Moiron asked about the location of the bedrooms. Mark Casis gave a layout of the bedrooms. Mark Casis stated that the proposed changes are in character with the neighborhood. The Chair asked if there is any room on-site for parking. Mark Casis responded no. The Chair opened the public hearing. Ellen McDonough of 23 Kendal Avenue asked about the height of the proposed addition. Mark Casis responded that the height would be 5-feet higher than it is currently. Ellen McDonough added that there are illegal units on Kendal Avenue that are contributing to the increased density in the area. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). Linda Moiron stated that the addition of a sprinkler system makes the house safer than before. Peter Koffler stated that the family has grown over time and that the request is not an unreasonable request. The Chair stated that there this is the minimal variance that could be granted to achieve the desired change. He stated that the application is not a self-created hardship. Peter Koffler made a motion to grant the variance with the condition that the property cannot be used as a 2-family house and that no application can be made to convert the house into a 2family house. Eliot Martone seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 9 �5) George Samaras Peter Goodrich is an attorney and is representing his application along with project architect, Jon Turnquist. There was an open discussion on whether the Board could listen to this presentation without a formal application. Peter Goodrich stated that a temporary Certificate of Occupancy was issued to the owner. He stated that the owner is seeking an extension of a temporary Certificate of Occupancy. He stated that Article 10 of the Zoning Code permits the Zoning Board to extend the temporary Certificate of Occupancy. Sean McCarthy responded that a temporary Certificate of Occupancy was granted by previous Building Inspectors. He stated that the temporary Certificate of Occupancy has expired. There was an open discussion on the need for a formal application. It was agreed that a formal application would be required. There was an open discussion on whether the applicant is complying with the condition of the original variance. 6) Minutes for June and September 2006 The minutes for the June 2006 meeting were reviewed. Linda Moiron made a motion to approve the minutes as amended. Eliot Martone seconded. It was unanimous (5-0). The minutes for the September 2006 meeting were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). Gordon Swartz made a motion to adjourn. Eliot Martone seconded. It was unanimous (5-0). Adjourned at 10:03 p.m. APPROVED - Zoning Board of Appeals Meeting, October 18, 2006 10 � 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_2006-10-18 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