https://sleepyhollow.localarchives.org/files/original/7f03081459292d1ecce62eb441ba2834.pdf 38aeb22cac998014e6a0bc41f03f8364 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING-APPROVED July 15, 2009 The meeting was called to order by Peter Koffler, Acting Chairman at 8:06 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church M. Gorete Crowe Gordon Swartz Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Agenda: 1) Christine Garcia 10 Gory Brook Road 2) Approval of minutes from May 2009 3) Other Front Porch Addition Announcements: Sean McCarthy stated that tonight’s meeting will not be broadcast. 1) Christine Garcia 10 Gory Brook Road Front Porch Addition- The Chair read the public notice aloud. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) Application 2) Plans of proposed work 3) Letter denying the building permit 4) Survey Sean McCarthy stated that this is a SEQRA Type II action. Ruben and Christine Garcia are the owners and are presenting this application along with their architect, Joanne Tall from Bond Street Architects. �Ruben Garcia stated that the existing front porch is too small and not functional. He stated that they want to add a roof to the porch so that it can still be used in inclement weather. He stated that the existing front porch is non-conforming. He stated that since Gory Brook Road is irregular, this is the least intrusive plan to achieve the owner’s goal. The Chair stated that the proposed porch is significantly larger than the existing porch. He asked about the rear of the property. Ruben Garcia responded that the read yard is very narrow. He stated that there is an existing rear deck. He stated that the rear neighbor has a large retaining wall that restricts what can be built in the rear yard. He submitted a photo for the record. He stated that the front porch has views of the Hudson River. Ruben Garcia stated that many neighbors socially interact with their front porches. He stated that it is in character with the neighborhood. Jennifer Lobato-Church asked if the existing rear deck could be covered to accomplish the same goals. Ruben Garcia responded that an additional variance would be required. He also stated that an egress window will be added in order to complete finishing the basement. Timothy Judge asked about the reason for finishing the basement. Ruben Garcia responded it would expand the current living area. Gordon Swartz asked if there is any other construction planned at the property. Ruben Garcia responded no. The Chair opened the public hearing. Since there was no public present, Gordon Swartz made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (6-0). Gordon Swartz asked about the clearance between the porch and the side property line. Sean McCarthy responded 3.75 feet. Gordon Swartz asked if the immediate neighbors are aware of the proposed work. Christine Garcia responded that they spoke to the tenants who currently live next door. Gordon Swartz expressed concerns about setting a precedent. Timothy Judge asked if the steps could be turned so that the steps are recessed back into the porch to minimize the side yard impacts. The Chair asked about the square footage of the new porch. Joanne Tall responded 900sf The Chair asked about the footprint of the house. APPROVED - Zoning Board of Appeals Meeting, July 15, 2009 2 �Joanne Tall responded 829sf. M. Gorete Crowe asked about the need for the second side steps. Joanne Tall responded that they can access the rear yard without going thru the entire house. M. Gorete Crowe questioned the need for the second set of steps. Timothy Judge asked if there is another method that can be used to accomplish the same goals. Christine Garcia responded there are many existing houses with the same type of porch configuration. The Chair confirmed that the porch is used for recreation. He questioned whether this could be put on the rear of the house. Ruben Garcia responded that a variance would be required in the rear of the house. Joanne Tall stated that the rear of the house looks directly at the neighbor’s retaining wall. Christine Garcia asked if the clearance of the steps on the side yard was the main issue. Gordon Swartz responded yes. Jennifer Lobato-Church asked about the width of the stairs. Ruben Garcia responded 4-feet. Timothy Judge stated that the side stairs are too close to the neighbor’s property. Gordon Swartz asked about the large tree in the front of the property. Ruben Garcia responded that the tree is dying and the Village Tree Commission has granted permission to remove it. Linda Moiron asked if there is a fence between the neighbors. Christine Garcia responded that there is not a fence in the area near the stairs. She stated that they do not use this part of the property. The Chair asked if there are any other alternatives that the applicant can propose to minimize the impact of the side stairs. Christine Garcia responded that they discussed moving the stairs inward but that would reduce the walking space and a gate would be needed for the safety of the children. The Chair stated that the stairs could be moved inward 2-feet to lessen the encroachment on the neighbor. The Chair asked if the Board had any other questions. There were none. The Chair asked if there was a feasible alternative to mitigate the encroachment of the stairs on the side yard. He stated that he is not convinced that all alternatives have been explored. Timothy Judge stated that the encroachment on the side yard is significant. He stated that the APPROVED - Zoning Board of Appeals Meeting, July 15, 2009 3 �variance is self-created. He concurred with the Chair. The Chair stated that the Board could take a vote tonight but if the application is turned down, the application cannot reappear for 6 months. Timothy Judge stated that the egress window is almost the same distance from the side yard as the new porch. Linda Moiron stated that the Board does not meet in August so the next meeting is in September. This item was temporarily adjourned so the applicant can evaluate alternatives. This was adjourned to later in the meeting. 2) Minutes from May 2009 The minutes from the May 2009 meeting were reviewed. Gordon Swartz made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0 Lobato-Church abstained). 3) Other – The Chair welcomed the 2 new members to the Board. The Chair acknowledged Eliot Martone is resigned from the Board, and thanked him for his many years of service to the Village Zoning Board. 1) Garcia (Continued) Ruben Garcia stated that the side stairs have been eliminated from the proposal. The Chair asked if the space would be straight with a railing. Ruben Garcia responded yes. Gordon Swartz made a motion to approve the application as amended. The Chair stated that the application does not appear out-of-character with the neighborhood. He stated that the variance is not relatively substantial. He stated that there does not appear to be other feasible means to achieve the applicant’s goals. He seconded the motion. It was unanimously approved (6-0). Adjourned 9:17 pm. APPROVED - Zoning Board of Appeals Meeting, July 15, 2009 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/. 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