https://sleepyhollow.localarchives.org/files/original/5745cbd3945b6ac7113f44bd6e83fc43.pdf 9f6f025810c394634b721cafb0e574df PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED May 21, 2008 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 Diane Martello Gordon Swartz Absent : Peter Koffler Timothy Judge Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village Architect/ Village of Sleepy Hollow) Agenda: 1) Gates 53 New Broadway 2) Andreou / Beristain 2 County House Road 3) Approval of minutes from March 2008 Proposed new deck Proposed deck addition Announcements: None. 1) Gates 53 New Broadway Proposed new deck- This is an application to grant an area variance to construct a rear deck on a single-family residence where the following variance is required: Lot Size Existing lot size = 3,840 sq. ft. Minimum lot size = 4,000 sq. ft. Harvard Gates is the owner and is representing this application. The Chair read the public notice aloud. The Chair asked if the mailings were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application April 14, 2008 �2) Photos 3) Letters from adjacent neighbors 4) Plans & survey Donna Gates stated that the deck is for recreational purposes. She stated that the lot is too small to accommodate anything smaller. She stated that there is a door leading out of the kitchen leading to a small porch and a dilapidated deck. The Chair opened the public hearing. Sonja Monroe 63 New Broadway stated that she supports the application. 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) (Swartz absent). The Chair stated that this will not be detrimental to the neighborhood. He stated that there are no hardship issues. He also stated that Eliot Martone made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (4-0) (Swartz absent). 2) Andreou/Beristain 2 County House Road Proposed deck addition - This is an application for an area variance from the Village Zoning Code, to enlarge an existing rear yard deck on a single-family residence where the following variance is required: Lot Area Existing lot area is 34,357 sq. ft. Minimum lot area is 43,560 sq. ft. Rear Yard setback Proposed rear yard setback is 26.63 ft. Minimum rear yard setback is 35.00 ft. Jorge Beristain is the owner and is representing this application. The Chair reviewed §62-47 to see if the application could be heard since it was denied 6 month ago. It was agreed that the 6 month period had passed since the application was denied. The Chair read the public notice aloud for the record. The Chair asked if the mailings were received. APPROVED - Zoning Board of Appeals Meeting, May 21, 2008 2 �Sean McCarthy responded yes. Jorge Beristain stated that the deck is substantially smaller that what was originally proposed. He stated that the deck is important to view their children while they are in the rear yard. He also stated that the deck will provide functionality for the side and rear yards. He stated that the adjacent neighbor supports the application. There was an open discussion on the previous application timeline. The Chair asked if there any other reasons why the variance should be granted. The Chair stated that the Board had received the following: 1) Application w/ short EAF 2) Plans 3) Letter from neighbor supporting application Jorge Beristain stated that the self-created hardship section of the NYS statute indicates that the self-created hardship lessens with time. The Chair stated that the statute is being improperly interpreted. He stated that the circumstance would have been permitted under different circumstances. The Chair asked if the Board had any questions. Gordon Swartz stated that the Board had previously provided recommendations from the previous application. He asked the applicant to summarize the changes to the plans. Jorge Beristain responded that the length and width were reduced. The Chair stated that the requested variances are for lot size and read yard setback. He stated that the lot is undersized. He also stated that the rear yard variance is 25%. He stated that the previous plan was for a rear yard variance was for a larger deck. He stated that the proposed deck was reduced by 7-feet. The Chair stated that previous comments asked if the structure could have been built as a patio instead of a deck. Jorge Beristain responded that the deck is not visible from County House Road. He stated that the deck addition is proposed away from the road. The Chair stated that the requested variance is a lesser variance than the original but is still somewhat substantial. He also stated that there is a self-created hardship. He stated that this application might not be the only means to achieve the desired result. He also stated that the deck can be viewed as detrimental to the neighborhood since the houses are spaced far apart. Eliot Martone stated that based on the nature of this development, granting a substantial variance of this nature might trigger many subsequent variances that will alter the character of this development. APPROVED - Zoning Board of Appeals Meeting, May 21, 2008 3 �Linda Moiron stated that the request is self-created and the variance is substantial. She stated that the applicant can still reduce the application and still achieve the desired effect. Diane Martello stated that the variance is substantial. Gordon Swartz stated that the Board should provide some guidance so that the applicant can consider alternatives. He stated that the applicant should understand what alternatives are available so that he will not continue to waste his time and money on this application. Jorge Beristain stated that he agrees with Gordon Swartz. He would like to receive Board feedback on what alternatives can be approved. He stated that the variance is for 8-feet in the rear yard. He stated that he has spent over $5000 on plans and fees to date. He stated that the proposed deck is not detrimental to the Village or the neighborhood. Gordon Swartz responded that the Board does not want to set a precedent. The Chair stated that a deck currently exists. He stated that the deck could be built in a few other locations that would not require a variance. He stated that this is a substantial variance in a new development. He stated that the argument is not strong for a variance. He stated that the lot size variance is debatable based on the cluster zoning. He stated that the lot size variance is small. Jorge Beristain stated that another deck could be built on another side of the property. The Chair responded that a patio could be built as well as a smaller deck. He stated that there are alternatives. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Gordon Swartz stated that the Board has noted other options that the applicant can explore. He made a motion to deny the variance. Linda Moiron seconded. It was unanimous (5-0). 3) Minutes from March 2008 meeting The minutes from the March 2008 meeting were reviewed. Eliot Martone made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). Adjourned 8:54 pm. APPROVED - Zoning Board of Appeals Meeting, May 21, 2008 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-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_2008-05-21 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