https://sleepyhollow.localarchives.org/files/original/b68ad88b45c301a1eafd714f6af38ea7.pdf 28d2a48ca846fad9102ce4eb211074ac PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED December 16, 2009 The meeting was called to order by Peter Koffler, Acting Chairman at 8:17 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church M. Gorete Crowe Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Agenda: 1) Mildred Colon 8 Ridge Street 2) Gus Kringas 222 Beekman Avenue 3) Minutes March, July and September 2009 Legalize 2-family house Change of Use Announcements: None. 1) Mildred Colon 8 Ridge Street Legalize 2-family house- 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) Letter to applicant’s attorney dated Oct 13, 2009 3) Short EAF 4) Zoning compliance form 5) Village Clerk’s ledger from 1952 Howard Dean is the attorney representing the applicant. Howard Dean stated that the applicant has been using the property for over 50 years as a 2family residence. He stated that the owner is in a nursing home and is not able to attend. He stated that he is requesting to legalize the property as a 2-family residence. �Howard Dean submitted a letter from Robert Ballog (Village Assessor) which stated that the property was classified as a 2-family residence. He also submitted Town records that indicated that the property is taxed as a 2-family residence. The Chair stated that the applicant is seeking a variance for a 2-family residence. He stated that the tax records indicate that the property was taxed as a 2-family residence. He stated that the applicant should address the criteria that must be met for a use variance to be granted. Howard Dean responded that the applicant needs the income generated from the 2-family residence to support her medical care. He stated that many of the neighboring houses are multifamily residences. He stated that by granting the variance, the neighborhood will not change. Timothy Judge asked about the location of the 2-dwelling units within the interior. He also asked if the egress is adequate. Sean McCarthy responded that he has not visited the house. He stated that there is no habitable space in the basement. Timothy Judge asked who occupies the residence. Howard Dean responded two tenants occupy the apartments. He stated that the owner has not lived in the house for a year. The Chair opened the public hearing. Since there was no public comment, the Chair made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (5-0). Timothy Judge asked about the rental income on the 2 units. Howard Dean responded that he did not know the income generated. Linda Moiron asked if the house could be grand-fathered. Sean McCarthy responded that grand-fathering is not applicable to this application. Linda Moiron asked how far away from the R4 zone is this property. Sean McCarthy responded 2 parcels away. Timothy Judge asked about the potential hardship. He stated that the Board needs to know about the income and expenses for the property to determine if a hardship is applicable. The Chair stated that the criteria for a use variance need to be addressed. Howard Dean stated that the house has been used as a 2-family house for 50 years. He stated that no neighbors have opposed this variance request. Timothy Judge stated that the Board’s decision must have a basis. He stated that the income and expenses should be presented to the Board so that they have all of the facts in order to make a decision. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 2 �The Chair stated that the criteria should be specifically addressed. Howard Dean stated that the requested documents will be provided. Sean McCarthy stated that architectural floor plans of the interior should be provided showing compliance with the building code. Howard Dean requested an adjournment to the next meeting. The Chair made a motion to grant the adjournment to the next meeting. Timothy Judge seconded. It was unanimously approved (5-0). 2) Gus Kringas 222 Beekman Avenue Change of Use - Janet Gandolfo recused herself from this application. The Chair read the public notice aloud. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. Thomas McGarrity is an attorney and is presenting this application on behalf of the contract vendee, Gus Kringas. Thomas McGarrity stated that the owner has years of restaurant experience. He stated that there is no adverse effect on the neighborhood by allowing the applicant to operate a restaurant that serves alcohol. Gary Serina is the current property owner. He gave a historical overview of the property. He stated that in 2004, the property was fully-renovated. In 2006, the Lighthouse Coffee Company opened. He stated that as a result of the lack of development at the GM site, the business closed. He stated that the building is in severe financial hardship. He stated that the parking at lower Beekman Avenue has adequate parking to support this change in use. He also stated that this will be an upscale establishment. Gary Serina also stated that 95% of Beekman Avenue has food establishments. He discussed the C-2 and R-4 zoning districts. He compared Beekman Avenue to Main Street in Tarrytown and stated that the Village of Tarrytown has no empty storefronts. He also stated that there is no 200-foot rule in Tarrytown. He stated that there are 14 empty storefronts on Beekman Ave. The Chair asked about the arrangement. Gary Serina responded that Gus Kringas would be leasing the property. The Chair asked about 92 Beekman Ave. Gary Serina responded that Gus Kringas operated a similar business at 92 Beekman Ave but a fire forced him to close. He stated that Gus Kringas has a current liquor license. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 3 �Jennifer Lobato-Church asked how long the property was closed at 222 Beekman Ave. Gary Serina responded that the property was vacant for over 30 years. He stated that the property could not be worked on due to lack of funds. The Chair opened the public hearing. Guillermo Alvarez of 220 Beekman Ave stated that he has had problems with the local taverns for years. He stated that since the restaurant at 226 Beekman Ave re-opened there have been no problems. He stated that the coffee house was acceptable because it did not operate late in the evening. He stated that in the past, the property played very loud music and the cigarette smoke came right into his bedroom. Steve Maceyak 226 Beekman Ave stated that this application would be a stretch on the Village Zoning code. He stated that his property has operated as a tavern for over 38 years. He stated that the zoning code was created to protect local residents. Humphrey Hewitt of 56 Hudson Street stated that the zoning changes were made for a reason. He stated that there were previous problems from recent ownership. Guillermo Alvarez stated that parking is also an issue in the area. Since there was no further public comments, the Chair made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (5-0). Thomas McGarrity asked if the Board requires any supporting documentation. The Chair stated that supporting documentation would be helpful. Gary Serina stated that there were problems in the area before the coffee shop opened. He stated that these 2 local taverns have existed for years in the same neighborhood. He submitted a letter from his mortgage company indicating that he is behind in his mortgage payments. Emma Serina stated that the deck cost $30,000 and she also took out a home equity loan in the amount of $75,000 to help with the renovations. She stated that the total debt owed is over $400,000. The Chair stated that the recent zoning change was completed in the 1997. He stated that the property is adjacent to the GM site which is unknown at this time. He stated that more information is needed to justify the need for a liquor license. He stated that the Board needs to see hard records to make a determination. Linda Moiron stated that the property could operate as a restaurant. Gary Serina responded yes. He stated that it would be difficult without the liquor license. Timothy Judge responded that the applicant could serve beer and wine instead of all liquor. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 4 �The Chair stated that the requirements for a use variance should also be addressed. He stated that the applicant should address the 200-foot rule as well as the R-4 zone restriction. A copy of the use variance requirements was provided to the applicant. Gary Serina requested an adjournment to the next meeting. The Chair made a motion to grant the adjournment to the next meeting. Timothy Judge seconded. It was unanimously approved (5-0). 3) Minutes March, July and September 2009 - The minutes from the March, July and September 2009 meetings were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). Adjourned 9:49 pm. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 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-2009 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_2009-12-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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