https://sleepyhollow.localarchives.org/files/original/fb25c79147a734fa6d37d5582e65fdd8.pdf 2698757ef136e70cc1ec3c80e37b5aea PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED January 20, 2010 The meeting was called to order by Timothy Judge, Acting Chairman at 8:17 pm. The Chair noted that a quorum was present. Present: Linda Moiron Timothy Judge, Acting Chairman Jennifer Lobato-Church M. Gorete Crowe Absent : Peter Koffler, Chairman Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Mildred Conlon 2) Gus Kringas 3) John Allendorf 4) Laurentino Rodrigues 5) Minutes December 2009 8 Ridge Street 222 Beekman Avenue 226 Hunter Avenue 49-51 Chestnut Street Legalize 2-family house Change of Use Proposed detached garage Construction of 2-family house Announcements: The Chair stated that the Board only has 4 members present. He stated that all votes must be unanimous to be approved. 1) Mildred Conlon 8 Ridge Street Legalize 2-family house- This is a continuation from previous meetings. Howard Dean is the attorney representing the applicant. Howard Dean stated that three items were requested at the last meeting: 1) prepare a set of interior plans 2) have Sean McCarthy inspect the property 3) have an appraisal of rentals for the property as a two-family house and a one-family house. Howard Dean stated that the additional income is needed to support the owners nursing home expenses. The Chair stated that the 2-family rental would yield $3000/month and about $2000/month as a single family residence. �The Chair asked Sean McCarthy about his inspection Sean McCarthy responded that the first floor unit connects to the basement area. He stated that the second floor unit has one-bedroom. He stated that there are some code improvements that are needed if the Board grants the approval. He stated that there are no significant structural upgrades required. The Chair asked if he received an estimate for the required improvements. Howard Dean responded that the improvements are minor. The Chair asked if the house was originally a single family residence that was later converted. Sean McCarthy responded that the plumbing and electrical work would indicate that this was converted. Linda Moiron stated that the proposed rental amounts from the appraisal report only indicate 1bathroom in each unit but the lower unit has 2 bathrooms. She stated that more rent can be obtained for a 2-bathroom unit. The Chair asked for the financial information to support the requested hardship. Howard Dean stated that the monthly nursing home costs are $8000/month. He stated that the rental income will be used to support her care. Howard Dean submitted financial expenses to the Board. There was an open discussion on the presented expenses. Howard Dean stated that the property has been used as a 2-family home for the last 40-50 years. He also stated that there are minor repairs needed to make the property conform the today’s codes. Linda Moiron stated that the conditions for the variance are not being met. Howard Dean stated that this will not negatively impact the neighborhood. He requested an adjournment to the next meeting. The Chair made a motion to grant the adjournment to the next meeting. Linda Moiron seconded. It was unanimously approved (4-0). 2) Gus Kringas 222 Beekman Avenue Change of Use - This is a continuation from previous meetings. The Chair summarized the application from the previous meeting. Gary Serina is the owner of the property and is representing this application. He stated that if his property was moved a few feet over, he would not need a variance. He stated that the zoning in APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 2 �the area should be commercial and not residential. He stated that there are 7 properties in the area and 4 of them are residential and 3 are commercial. He stated that when he inherited the building, it was falling apart. He stated that he put a lot of money into the building. He stated that the property is now in turn-key condition. The Chair responded that the hardship is there but the requirements for a variance still need to be met. The Chair stated that the Board cannot remedy a bad investment. He stated that the zoning requirements need to be met. He stated that the Board asked the applicant if he would obtain a license for beer and wine in lieu of a liquor license. Gary Serina presented financial records to the Board. He also stated that he would agree to a 12month probationary period for the new business. Janet Gandolfo stated that the Board can grant a conditional approval. Gary Serina stated that the 200-foot rule is a government created monopoly in the area. The Chair stated that the Board would be setting a precedent. Gary Serina stated that the zoning change was performed back in 1997. He stated that it was changed from M to R-4A. He stated that the there was no reason or documentation to support the change in zoning. The Chair asked about the process for granting the conditional approval. Sean McCarthy responded that the applicant needs to appear before the Board in 12 months to either get the conditional approval renewed for one more year or get a full approval. The Chair stated that the business decisions that have been made by the applicant are his responsibilities. M. Gorete Crowe asked what would happen if the conditions of the approval are broken in a 2 month period. Sean McCarthy responded that the Certificate of Occupancy could be revoked. Gary Serina offered to install some sort of wall to minimize the smoke and noise from the adjacent residential properties. The Chair stated that the conditional approval can be explored further. M. Gorete Crowe stated that she would be in favor of a conditional approval. The Chair stated that if a conditional approval is approved, the conditions would need to be carefully drafted. Linda Moiron stated that some of the properties listed in the commercial comparables indicate that there are other options for the property. APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 3 �Gary Serina responded that there is a capital investment needed in order to get the property into a condition to re-rent. Linda Moiron stated that the applicant has not shown that there are no other viable alternatives for the property. She stated that if the applicant does not want the Board to use 106 Pocantico Street as a comparable property, he should propose something else like a retail store, etc. The Chair stated that the applicant could draft some stipulations and propose them to the Board. It was agreed that this would be adjourned to the next meeting so that the conditions can be drafted. It was unanimously approved (4-0). 3) John Allendorf 226 Hunter Avenue Proposed detached garage - The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. Frank Manfredi is the architect for this application. Frank Manfredi gave an overview of the proposed project. He showed the location of the existing garage to be demolished. He stated that the existing garage is too small for today’s families. He stated that the garage meets many of the zoning regulations but in order to accommodate the family’s needs, the garage needs to be slightly expanded. The Chair made a motion to open the public hearing. Since there were no public comments, the Chair closed the public hearing. Linda Moiron asked if there is a fence at the property. John Allendorf responded that there is a chain-link fence in the rear of the property. M. Gorete Crows asked if the owner has spoken to their rear neighbor about the garage. John Allendorf responded that the neighbors house is set towards the front of the property and he has never met them. The Chair stated that the proposed garage is not out-of-character with the neighborhood. He stated that the variance is the minimal variance that could be granted. Jennifer Lobato-Church made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (4-0). APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 4 �4) Laurentino Rodriguez 49-51 Chestnut Street Construction of 2-family home - The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. Luigi Demasi is the project architect and is representing this application along with the owner. Luigi Demasi stated that the lot is rather small. He stated that he tried to get the Planning Board to grant a commercial structure but the application would require even more approvals. He stated that the property had been previously approved as a 2-family structure. He stated that the owner is only requesting that the previous approval be reinstated. The Chair asked about the commercial use. Luigi Demasi responded that a home office is proposed. The Chair asked if any other plans were available to support the application. Linda Moiron asked when the previous approval was granted. Sean McCarthy responded 2 years ago. The Chair made a motion to open the public hearing. Since there were no public comments, the Chair closed the public hearing. Jennifer Lobato-Church asked about the difference between this plan and the previously approved plans. Laurentino Rodrigues stated that there was a different applicant at the time. Linda Moiron reviewed the minutes from the previous approval to compare the applications. Sean McCarthy stated that any building built on this site would be very small. The Chair asked about the Planning Board application. Luigi Demasi responded that the Board is waiting for ZBA feedback. Linda Moiron asked about the apartment sizes. Laurentino Rodrigues responded that there are 2 two-bedroom apartments. The requested variances were reviewed. Linda Moiron asked about the size of the parking area. Luigi Demasi responded 1000sf. APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 5 �There was an open discussion on the front and rear yard setbacks. It was agreed that 1-foot would be taken from the back and added to the front yard. The Chair stated that the proposed garage is not out-of-character with the neighborhood. He stated that the variance is the minimal variance that could be granted and cannot be granted any other way. Linda Moiron made a motion to approve the application with the following conditions: SE setback will be 5-feet but on SW corner will be 5-7 feet. Rear yard will be 12.69-feet and the other side will remain the same. This is also subject to Planning Board and ARB approvals. The Chair seconded. It was unanimous (4-0). 5) Minutes for December 2009 The minutes from the December 2009 meetings were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (4-0). Adjourned 10:15 pm. APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 6 � 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-2010 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_2010-01-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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