https://sleepyhollow.localarchives.org/files/original/3f43bb08d84a9bf7d72b6d793aceac8f.pdf 83377969e706b4997735dbfe0ee4841a PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING March 19, 2008 The meeting was called to order by Robert Anello, Chairman at 8:05 pm. The Chair noted that a quorum was present. Present: Peter Koffler Eliot Martone Linda Moiron Robert Anello, Chairman Diane Martello Absent : Gordon Swartz Timothy Judge Also Present: Donato Pennella (Charles A. Manganaro/Village Engineer) Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village Architect/ Village of Sleepy Hollow) Agenda: 1) Scuderia CG LLC 8 Kendall Avenue 2) Grotto Holding, LLC 300 North Broadway 3) Gary McLean 282 North Washington St 4) Approval of minutes from February 2008 Resolution New public hearing Continuation Announcements: None. 1) Scuderia CG LLC 8 Kendall Avenue Resolution- Katherine Andreycak is an attorney representing this application along with project manager, John Munch. The Board reviewed the draft Resolution. Eliot Martone made a motion to adopt the draft Resolution subject to having Peter Koffler and Katherine Andreycak will work out the substantive comments. Linda Moiron seconded. It was unanimous (5-0). 2) Grotto Holding Corp 300 North Broadway This is a continuation from previous meetings. New public hearing- �Greg Kuczinski is an attorney and is representing this application along with project architect, David Barbuti. The Chair stated that there is work going on at the property. He stated that this work is taking place in violation of the Village Code. Greg Kuczinski responded that all work that has been performed has been coordinated thru the Building Department. The Chair stated that this application is very similar to the original application that was denied. Greg Kuczinski responded that the original application was denied primarily due to parking. He stated that the original parking calculation was not accurate. He stated that the new parking plan includes tandem parking for the owner only. He stated that the tandem parking eliminates the need for a parking variance. The Chair asked if the public was noticed. Sean McCarthy responded yes. The Chair read the public notice aloud. The Chair stated that the Board had received the following: 1) new application 2) zoning compliance form 3) short EAF 4) project drawings The Chair stated that the Board had 2 issues to discuss. He stated that the Board needs to first determine that the application is substantially similar to the prior application before addressing the application for the variance. Greg Kuczinski stated that the original plan did not include tandem parking. He stated that the tandem parking would be required for the owner only. He stated that the original application was denied primarily for the parking variance. The Chair reviewed §62-47 on repeated hearings. He stated that the new application is the same as the original. He asked the applicant to indicate how they meet the conditions of the repeat hearings section of the Village code. Greg Kuczinski responded that the Board indicated that the parking impacts would have a detrimental effect on the community. He stated that the parking variance is no longer being requested. The Chair stated that tandem parking does not work for a commercial application. Greg Kuczinski responded that the tandem parking would only be required for the owner. He stated that the owner is using 4000sf of the 6000sf and he would be the only business that would be required to use tandem parking. David Barbuti gave a brief overview of the tandem parking. Peter Koffler indicated that the statute does not permit the Board from hearing the application for Zoning Board of Appeals Meeting, March 19, 2008 2 �6 months. He stated that the Board might need an interpretation from the Village Attorney on the statute. There was an open discussion on the tandem parking proposal and whether the new application is substantially different. The Chair asked if the Board had any questions. There were none. Peter Koffler stated that the public should be made aware that the Board is only concerned about whether or not the application is substantially different. Darlene Morin (21 New Broadway) stated that the new application is not substantially different. She stated that the new application does not promote changes in public health, safety, convenience, comfort or prosperity. Rosemarie McMannis (31 New Broadway) stated that this application is not substantially different. Greg Kuczinski stated that the public notice was intended to have the public speak about the application and not on the interpretation for rehearing. Rosemarie McMannis also stated that the public is not opposed the development of the property but they are opposed to the size of the property. The Chair asked the applicant about the other parts of the application. Greg Kuczinski responded that the new application was the same. He stated that the applicant has never received the actual reasons why the variance was denied. He stated that the application was denied based on parking and not on the other requested variances. Peter Koffler made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). Eliot Martone stated that the application was denied based on the entire application and not on the parking only. He stated that the reconfiguration of the parking is not a substantial change. Linda Moiron stated that the parking variance was not the only reason that this application was denied. Diane Martello stated that the application is not substantially different from the original. Peter Koffler stated that the statute states that the Board cannot hear the application unless the application is substantially different. The stated that the application is not substantially different from the application that was denied. Greg Kuczinski asked for the Building Inspectors interpretation. Zoning Board of Appeals Meeting, March 19, 2008 3 �Sean McCarthy stated that the Board needs to determine if the application is substantially different. He stated that the Building Department has concerns if no work takes place for 6 months. The Chair stated that the building is too big. He stated that all new buildings are scaled down and provide more parking. He stated that the Board wants this property to be developed. He stated that if the building was reduced, the application might be substantially different. He stated that the new application is the same application that was denied by the Board. Greg Kuczinski responded that the tandem parking makes this application substantially different. The Chair stated that 5 of the 6 requested variances are identical. The Board discussed if the circumstances for the application have changed. The Board agreed that the application had not met the statue regarding safety, convenience, comfort and general welfare. Greg Kuczinski responded that the tandem parking makes this application substantially different. The Chair responded that 5 of the 6 requested variances are identical to the original application. Peter Koffler made a motion to determine that the revised application is substantially similar to the original application. Diane Martello seconded. It was unanimous (5-0). Peter Koffler made a motion that a changed condition under §62-47 has not occurred. Linda Moiron seconded. It was unanimous (5-0). 3) Gary McLean 282 North Washington Ave Continuation- This is a continuation from previous meetings. The applicant was not present at the meeting. The Chair stated that the Board has repeatedly requested many items from the applicant over the last several months. Eliot Martone made a motion to open the public hearing. Since there were no public comments, the Chair made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). Eliot Martone made a motion to have this item striken from the agenda. The applicant will be required to re-notice the public and submit a new application. Linda Moiron seconded. It was unanimous (5-0). 4) Minutes from February 2008 meetings The minutes from the February 2008 meeting were reviewed. Eliot Martone made a motion to approve the minutes as amended. The Chair seconded. It was unanimous (5-0). Zoning Board of Appeals Meeting, March 19, 2008 4 �Adjourned 9:27 pm. Zoning Board of Appeals Meeting, March 19, 2008 5 � 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-2008 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_2008-03-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2008 Date A point or period of time associated with an event in the lifecycle of the resource 2008 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