https://sleepyhollow.localarchives.org/files/original/b607b0023a07c12aa2c3d97b81d69c75.pdf d7f1b87ce7b6be610f5f56faa998c431 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED October 17, 2007 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 Eliot Martone Linda Moiron Timothy Judge Absent : Gordon Swartz Peter Koffler Diane Martello Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Donato Pennella (Charles A. Manganaro/Village Engineer) Anthony DelVecchio (Recording Secretary) Agenda: 1) Andreou County House Road 2) Peter Castro 335 North Broadway 3) Gary McLean 282 North Washington Street 4) King Chi Li 24 Anderson Avenue 5) Approval of minutes from August and September 2007 Deck Alterations & change of use Garage Replacement Replace 2 greenhouses Announcements: The Chair stated that since the Board only has 4 members present, the Board must be unanimous if an application is to be approved. 1) Andreou County House Road Deck - This is a continuation from previous meetings. There was nobody present for this application. The Chair stated that the Board is ready to vote on this application based on the information presented. Eliot Martone made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (4-0). �2) Peter Castro 335 North Broadway Alterations & change of use- This is a continuation from previous meetings. The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings has been submitted to the Village. Sean McCarthy responded yes. The Chair asked if any new additional information had been received. Sean McCarthy responded no. James Simmons is the attorney representing this application along with architect John Lentini and traffic engineer, Bernard Adler. The Chair asked for the parking and traffic plan. James Simmons stated that the parking and traffic plan was provided to the Planning Board. He stated that a copy can be provided to the Board. James Simmons stated that this property is a pre-existing non-conforming use. He stated that the real issue before the Board is the food service store. He stated that the other food service establishment at the Getty station is currently not operating. There was an open discussion on the Getty station’s food service establishment status. Sean McCarthy stated that the Getty station is currently under renovations. He stated that the Getty station does not have any on-site food consumption. The Chair referred to §62-14 regarding food service operations. There was an open discussion on the food service status of the Getty station. Sean McCarthy stated that the Building Department should have sent the Getty gas station’s application to the Board back in 2002 when the store converted to a food service establishment. He stated that the Building Department is investigating pulling the Certificate of Occupancy. It was agreed that the Getty station’s building permit has expired and that they do not have a variance to operate as a food service establishment. The Chair asked that a summary on the Getty station’s food service establishment be provided to the Board at the next meeting. Bernard Adler stated that the January 18, 2007 report detailed the internal traffic circulation plan. He stated that his report showed that standard vehicles can maneuver around the property. He stated that his second report dated June 18, 2007 involved investigating the number of trips that would be made as a result of the convenience store as opposed to the number of trips from a repair station. He stated that the number of trips from a convenience store would be less than a APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 2 �repair store. He stated that his third report dated July 3, 2007 was related to site distance on Route 9. He stated that there is ample site distance on Route 9. The Chair stated that the Board wants to see copies of all traffic and parking reports. The Chair asked if the Planning Board issued a written statement on their parking and traffic referral findings. Sean McCarthy stated that the minutes are the only record of the Planning Board’s findings. The Chair stated that the Board wants copies of the Planning Board’s meeting minutes which show their findings on the traffic and parking plan. John Lentini presented the landscaping plan to the Board. He stated that low shrubs are proposed. The Chair asked if there were any questions from the Board. Timothy Judge asked if a kitchen would be installed. He stated that the kitchen is on the floor plan as a deli. Peter Castro responded that the kitchen is not being proposed. The Chair read the Planning Board’s July 2007 minutes aloud. The Chair opened the public hearing. Don Catano (43 Lawrence Avenue) stated that he did not receive any notice about a requested variance that the Getty gas station was being converted into a food service establishment. He stated that the Getty gas station should be investigated. He stated that the presented studies are evidence that the traffic is not an issue. He stated that the application should be approved. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). The Chair stated that there are 2 issues before the Board. He stated that the food service establishment is not an issue since the closest food service establishment does not appear to be operating under a valid approval. He stated that the traffic and parking plans presented to the Planning Board are apparently acceptable. Timothy Judge stated that he would like to see the reports. He stated that parking space #9 seems to be a questionable spot. Bernard Adler responded that the reports were submitted to the Planning Board. Linda Moiron asked about the number of spaces required. John Lentini responded that 8.6 parking spaces are required and 9 spaces are proposed. Timothy Judge stated that parking space #9 might back out onto Route 9. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 3 �Bernard Adler explained the parking plan. Eliot Martone stated that the Hess station on Route 9 is a larger station with less parking. Timothy Judge stated that he is concerned with parking space #9. He stated that the Planning Board should be made aware of this concern. He stated that the application should be modified to request a parking variance for ½-parking space. The Chair stated that all Planning Board minutes and documentation should be provided to the Board. He also stated that parking and traffic studies need to be provided to the Board. He also stated that the following items need to be addressed: 1) A requirement that the buffer be maintained. 2) He stated that the parking spaces should be stripped. 3) He stated that parking space #9 should also be reviewed at the next meeting. Linda Moiron asked if the parking spaces at the pumps be considered as parking spaces. Sean McCarthy responded that the Village Code does not restrict the parking spaces. Linda Moiron stated that the parking spaces at the pumps should be included so that the number of spaces can be reduced. The Chair made a motion to approve the variance for the food service establishment. Eliot Martone seconded. It was unanimous (4-0). The Board adjourned the other variance to later in the meeting so that the applicant could get the traffic and parking reports for the Board to review. 3) McLean 282 North Washington Street Garage Replacement- This is a continuation from previous meetings. Gary McLean stated that this application is seeking to relocate a studio apartment to an existing 4-car garage in the rear of the property. He stated that 9 parking spaces are proposed. He stated that the property is located in a commercial area. He stated that under the Village Code, he is permitted to have 16-dwelling units on the site. The Chair asked if any additional information was presented. Gary McLean responded no. The Chair stated that the Board requested specific items from the last meeting. He specifically stated that the Board wanted to see the floor plans of the proposed interior renovations. Linda Moiron read the Board’s requested items from the last meeting. Gary McLean stated that the property has sufficient storm water structures installed. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 4 �Sean McCarthy stated that the parking plan shows some parking spaces that are not valid. The Chair asked for the number of spaces that are valid. Sean McCarthy responded that 6 parking spaces are valid. Timothy Judge stated that the floor plans would show where the front door of the new dwelling unit would be located. The Chair stated that the Board cannot rule on the application since there is missing information. He stated that the applicant should review the meeting minutes in order to understand what information is required by the Board. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0). Linda Moiron made a motion to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (4-0). 4) King Chi Li 24 Anderson Avenue Replace 2 greenhouses - This is an application for an area variance from the Village Zoning Code to replace two greenhouses with a structure build-out on a single-family residence where the following variances are required: Lot Size Existing lot size = 3,456 sf Minimum lot size = 4000sf Front yard Setback Existing front yard setback = 17.1 ft. Minimum front yard setback = 20-ft Front yard corner Setback Existing front yard corner setback = 8.9 ft. Minimum front yard corner setback = 10-ft Rear yard Setback Existing rear yard setback = 16.0 ft. Minimum rear Yard setback = 25-ft APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 5 �Floor-Area-Ratio Existing floor area ratio = 0.499 Proposed floor area ratio = 0.519 Maximum permitted = 0.493 Timothy Judge read the public notice aloud for the record. The Chair asked if the proof of mailings has been submitted to the Village. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) Zoning compliance form 2) Survey 3) Photos 4) Application Jon Turnquist is the project architect and is representing this application along with the owner. Jon Turnquist stated that the owner is looking to remove 2 existing greenhouses and replace them with another space. He stated that the building footprint will not change. Sean McCarthy stated that the greenhouses and the deck were built without a building permit. There was an open discussion on the legality of the greenhouses and the deck. It was determined that the applicant is applying for a 1-story addition that would legalize the footprint. There was an open discussion on the requested variances. It was determined that there was no variance given previously for the rear yard setback. Jon Turnquist stated that the greenhouses were built when the house was construction. He stated that the structure is not adversely impacting the neighborhood. He stated that the neighbors do not object to the proposed work. The Chair asked why the size of the extension needs to remain. King Chi Li responded that the greenhouses are in need of repair. The Chair asked about the size of the greenhouses. Jon Turnquist responded that the existing greenhouses are 26-feet x 9-feet. Eliot Martone asked what is behind the property. Jon Turnquist responded that there is a house in the rear. The Chair stated that the lot is undersized. He stated that the Board should have a history of the property. He asked if there were any violation on this property. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 6 �Sean McCarthy stated that there was a violation for an illegal occupancy in the basement. The Chair opened the public hearing. Don Catano (43 Lawrence Avenue) stated that the house was built by a former Village official. He stated that the owner wants to improve this property and the application should be approved. Since there were no other public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). Timothy Judge asked about how the property would be impacted by the one-story addition. The Chair stated that the applicant should present a plan that would not require a variance of the Floor-Area-Ratio (FAR). King Chi Li responded that he wants to use the existing foundation wall. Jon Turnquist stated that the cost to reduce the size of the structure is minimal. The Chair stated that he would like to get feedback from the Architectural Review Board. He asked if the exterior finishes would match the existing. Jon Turnquist responded yes. The Chair asked about the square footage of the house. Jon Turnquist responded that he did not know. The Chair asked if the Board had any other comments. Timothy Judge stated that there should be other alternatives presented to the Board that would reduce the square footage of the addition. The Chair stated that the Board needs to see the Building folder along with all Certificate of Occupancy’s and building violations. He stated that the applicant should present alternatives to the Board. He stated that he is concerned with the proximity to the adjacent neighbor’s house. Linda Moiron made a motion to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (4-0). The Board adjourned at 9:51pm The Board re-convened at 10:10pm 2) Peter Castro (continued) This was continued from earlier in the meeting. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 7 �The parking and traffic reports were provided to the Board. The Chair stated that the reports address the Board’s issues but they raise some questions. Timothy Judge stated that parking spaces #8 and #9 show that there are issues using these spaces. He stated that there is the potential for an accident. Linda Moiron stated that the 4 parking spaces at the pumps should be used as parking spaces. The Chair asked if these parking bays can be used as parking spaces. John Lentini responded that the areas for the pumps are larger than the standard parking spaces. Sean McCarthy responded that as long as the vehicles can properly maneuver around the spaces, he does not see a reason why these cannot be used as parking spaces. He stated that the applicant could eliminate parking spaces #8 and #9 and can increase access to parking spaces #1 and #2. The Chair stated that the Board has also raised that egress onto Route 9 as an issue. He stated that there should be no egress onto Route 9. Eliot Martone stated that he did not agree. The Chair stated that the Planning Board should address the ingress and egress issues for the site. Timothy Judge asked if the applicant would be applying for a liquor license. Peter Castro responded yes. The Board unanimously agreed that they would not place restrictions on the ingress/egress of the property. Eliot Martone made a motion to approve the requested variance from code sections 62-7b and 62-9c(c). 1) Maintain the landscaping buffer in the rear and in the front. They should not impact the site line. 2) Parking spaces #8 and #9 will be substituted for 2 parking spaces at the fueling pumps. The remaining 13-feet of space will be where the bays are located. The parking spaces will be striped. The other remaining parking spaces will be widened. 3) The Planning Board should evaluate the egress of the property. Linda Moiron seconded. It was unanimous (4-0). 5) Minutes from the August and September 2007 meetings The minutes from the August 2007 meeting were reviewed. Linda Moiron made a motion to approve the minutes as amended. The Chair seconded. It was unanimous (4-0). APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 8 �The minutes from the September 2007 meeting were reviewed. Linda Moiron made a motion to approve the minutes as amended. Timothy Judge seconded. It was unanimous (4-0). 6) Other There was an open discussion on the status of the Getty gas station. There was an open discussion on the status of the ARB approval given to the Getty station. No action was taken. Adjourned 10:45pm. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 9 � 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_2007-10-17 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