https://sleepyhollow.localarchives.org/files/original/dc23c4b0c1594ed44f8bf3cfedb84f6a.pdf 01fdd276ae549e0e6618282bf90b3ec9 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED May 16, 2007 The meeting was called to order by Robert Anello, Chairman at 8:13 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Peter Koffler Diane Martello Linda Moiron Timothy Judge Gordon Swartz Absent : None Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Gian Zoppo 278 Harwood Avenue 2) Elizabeth Goyzuetta 273 North Washington Street 3) Anthony DeFelippis 18 Fremont Road 4) Approval of minutes from March 2007 Alteration & Addition Garage Replacement Family room addition Announcements: None. 1) Gian Zoppo 278 Harwood Avenue Alteration & Addition- This is a continuation from previous meetings. Gian Zoppo requesting variances from the Village Zoning Code, Chapter 62, to add to and alter an existing one-family residence where the proposal requires the following variances: Lot Width Existing lot width = 73.0 ft. Required lot width = 75.0 ft. Combined Side Yards Existing combined side yards = 23.9 ft. �Minimum combined side yards = 25.0 ft. Proposed combined yard set back = 14.0 ft. Building Coverage Existing building coverage = 1,334 sq. ft. (12%) Maximum permitted coverage = 2,190 sq. ft. (20%) Proposed building coverage = 2,594 sq. ft. (24%) One Side Yard Existing one yard set back = 10.6 ft. Minimum required one yard set back = 10.0 ft. Proposed one yard set back = 4.0 ft. Linda Whitehead is an attorney representing this application along with project architect, Joanne Tall. The Chair asked if any additional information had been received. Linda Whitehead responded that a substantial submission has been given to the Board in support of the application. The Chair read a letter from John Bogus. The letter supported the revised application. Linda Whitehead spoke about the changes to the application. She stated that the house is a preexisting non-conforming use. She stated that there are two variances required. She stated that a variance is needed for the lot coverage and the side yards. She spoke about the alternative plans that were explored. Linda Whitehead stated that the applicant can add a 2nd floor to accommodate their space needs but adding a 2nd floor would negatively impact the neighborhood. She stated that the applicant has worked with the neighbors to address many of their concerns. She stated that the proposed driveway and garage set-up is identical to two of the adjacent neighbors. The Chair stated that since there are some existing non-conformities, a variance is still required to perform any of the proposed work. Linda Whitehead responded that the non-conformity is not increasing. The Chair summarized the proposed variances needed. Linda Whitehead noted that the increase in lot coverage includes two covered porches that are not living space. The Chair asked if the Board has any questions. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 2 �Gordon Swartz asked about some of the alternatives proposed. He specifically asked about reconfiguring the interior space to meet the needs of the applicant. Joanne Tall responded that relocating the interior space would be an economic hardship for the applicant. Linda Whitehead added that adding a 2nd-floor addition would negatively impact the neighborhood. Since there were no further questions from the Board, the Chair opened the public hearing. Jim Nazemetz (134 Hunter Ave) stated that based on the scale and size of the lot, he does not see any problems with the application. Eric Blaha is an attorney representing John and Mary Ellen Joy (533 Riverside Drive). He stated that he did not receive a revised copy of plans. There was an open discussion on the revised submission. The applicant stated that the drawings have not changed since the last meeting. Eric Blaha stated that his client has concerns about the proposed construction. He asked about the proposed excavations methods. Sean McCarthy responded that if the applicant encounters rock, there are a few methods that the applicant can use to remove it. He stated that the methods are enforced by the Building Department. Peter Koffler responded that if the work is approved, the actual methods for completing the work fall under the Building Department and not the Zoning Board. Eric Blaha responded that the work can be part of the Board’s decision since it is stated in the statute. Eric Blaha also stated that he is concerned with site drainage. Sean McCarthy responded that the applicant must provide a storm water management plan that will handle all of the site storm water with zero runoff. Eric Blaha stated that this is a self-created hardship. He stated that the house was purchased as a small house. He stated that the increase is substantial. Since there was no further public comment, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (7-0). The Chair stated that the excavation issue is relevant. He asked the applicant to explain how the excavation would be accomplished. Joanne Tall responded that the applicant does not intend to use explosives to remove the rock. She reviewed the proposed methods to remove any rock. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 3 �There was an open discussion on the additional costs that might be incurred with the rock removal. Gordon Swartz asked about the self-created hardship. Linda Whitehead responded that the size and shape of the lot were not created by the applicant. Gordon Swartz asked the applicant to respond to Eric Blaha’s questions. Linda Whitehead responded that the lot coverage increase is based on the existing size of the house. She stated that the applicant is adding 800sf of living space to the existing house. She presented an aerial view of the neighborhood to show the size of the applicant’s house in relation to the rest of the neighborhood. The Chair asked if the covered areas are included in the lot coverage. Sean McCarthy responded that any covered area is included in the lot coverage calculation. He stated that it is not included in the FAR calculations. Gordon Swartz asked if the applicant would be willing to agree to an approval with the conditions raised by the public this evening. The Chair stated that this is a self-created hardship. He stated that the proposed application is not out-of-character with the neighborhood. He also stated that there is no adverse environmental or safety condition. He stated that the proposed construction can be an issue but will be handled by the Building Department. He also stated that the applicant can reduce the variances by reducing the size of the covered porches. He stated that a 2nd-floor addition would more negatively impact the neighborhood. Lastly, he stated that conditions can be placed on the approval. Peter Koffler made a motion to approve the application with the condition that the applicant complies with all applicable laws. This would include complying with all Building Codes regarding storm water runoff as well as all Building Codes regarding excavation particularly rock excavation. A work plan should be prepared and submitted to the Village prior to any excavation. The plan is to be approved by the Building Department. Timothy Judge stated that the applicant should perform some exploratory work to determine how much rock will be removed prior to beginning excavation. Sean McCarthy stated that prior to starting any construction, the applicant will be required to indicate how much rock will be removed. Grodon Swartz amended Peter Koffler’s motion to approve the application with the added condition that the applicant complies with all applicable laws as well as seismic monitoring for rock excavation. Linda Moiron seconded. It was unanimous (7-0). 2) Elizabeth Goyzuetta 273 North Washington Street Garage Replacement - APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 4 �This is a request for an area variance from the Village Zoning Code to replace an existing detached garage with a new single car garage with a storage area, where the following variance is required: Front Yard Setback Existing front yard set back = 19.4 ft. Minimum front yard set back = 20.0 ft. The public notice was read aloud. The Chair asked if the proof of mailings had been received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application 2) Set of building plans dated March 20, 2007 John Turnquist is the project architect and is representing this application. Jon Turnquist summarized the proposed changes. He stated that the garage is being replaced so that the applicant can better utilize the space. He stated that the variance required is for a preexisting non-conformity. He presented an aerial photo of the existing garage and its relation to the adjacent properties. The Chair asked if there were any questions from the Board. There were none. The Chair opened the public hearing. Paz Spagnoli is representing his father who is an adjacent property owner. He stated that the existing shed ends where his property begins. He stated that the proposed garage replacement would impact the front of his property. He also stated the increased garage height would encroach on the windows for the 1st floor apartment. The Chair asked how close to the property line can the applicant build. Sean McCarthy responded that the structure can be no less than 3-feet but no more than 5-feet away. The Chair asked if the applicant would move the proposed garage over 1-foot from its proposed 4-foot buffer to create a 5-foot buffer. There was an open discussion on moving the garage further away from the property line. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 5 �Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (6-0). (Diane Martello abstained). The Chair stated that this is not a self-created hardship. He stated that this is the minimal variance that can be approved to meet the needs of the applicant. He also stated that this is not out-of-character with the neighborhood. Peter Koffler made a motion to approve the application as submitted with the condition that the garage is moved over 1-foot to the side yard for a total of 3-feet from the side yard and the length of the garage will be reduced from 25-feet exterior to 22-feet interior. Eliot Martone seconded. It was unanimous (6-0) (Martello abstained). 3) Anthony DeFelippis 18 Fremont Road Family room addition - This is a request for an area variance from the Village Zoning Code to construct a family room addition to a single-family residence where the following variance is required: Front Yard Width Existing front yard width = 90.0 ft. Minimum front yard width = 100.0 ft. The public notice was read aloud. The Chair asked if the proof of mailings had been received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application 2) Short EAF 3) Survey 4) Building plans Greg Beyl is the contractor and is representing the owner for this application. Greg Beyl stated that this application is a pre-existing non-conforming use. He stated that the owner wants to add a family room to accommodate their children. He stated that based on the interior layout of the structure, this is the only option that is feasible. The Chair stated that this is a self-created hardship. He stated that the proposed application is not out-of-character with the neighborhood. He also stated that there is no adverse environmental or un-safe conditions that would result from this proposed work. Gerard Bushel (5 Riverside Drive) stated that he is concerned with the increased drainage on the site particularly the side yard. He stated that the owner has done some work on the property APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 6 �already. He stated that as a result of the completed work, there has been increased storm water running onto his property. Sean McCarthy stated that the applicant will be required to create a zero-runoff condition. There was an open discussion on the status of the storm water runoff from previous work. The Board agreed that before a building permit is issued, all storm water conditions would be addressed and satisfied. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (7-0). The Chair made a motion to approve the application as submitted with the condition that the applicant must address the storm water conditions as a result of the previous work performed at the property and of the proposed work. He added that a plan is to be submitted and approved by the Building Department prior to the issuance of a building permit. Eliot Martone seconded. It was unanimous (7-0). 4) Minutes from the March 2007 meeting The minutes from the March 2007 meeting were reviewed. Diane Martello made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (5-0) (Martone and Koffler abstained). Adjourned 10:00pm. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 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-2007 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_2007-05-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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