https://sleepyhollow.localarchives.org/files/original/2d37c579db3ab8a66b6ca0e7db5a39f5.pdf 1bd055639631d4766e3678e204f2ecad PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED April 21, 2010 The meeting was called to order by Peter Koffler, Chairman at 8:11 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church Sherry Bishko Absent : M. Gorete Crowe Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Emma Serina 222 Beekman Avenue 2) Other 3) Minutes for January and February 2010 Change of Use Announcements: None. 1) Emma Serina 222 Beekman Avenue Change of Use - This is a continuation from previous meetings. The Chair noted a letter from John Hughes with 6 attachments. John Hughes is an attorney and is representing this application along with the owners. John Hughes summarized the last meeting. He stated that the tenant who was supposed to occupy the space has since withdrawn. He stated that a new tenant (Robert Ronan) is proposing a restaurant at the same location. He stated that he used to be the manager of the Striped Bass restaurant in Tarrytown and he wants to operate a similar restaurant at this location. The Chair stated that this is the third potential tenant of this space. John Hughes agreed. John Hughes stated that Mr. Ronan can answer any questions regarding the operation of the restaurant. The Chair asked if the restaurant would serve beer and alcohol. �John Hughes responded yes. He also stated that it would primarily be a restaurant and not a tavern. John Hughes gave a history about the R-4A zone. He stated that taverns, bars and car washes are not permitted in this zone. He stated that the history of the zoning change was to distinguish it from the manufacturing zone and getting ready for the GM development. The Chair responded that the Board has stated that the restaurant use does not permit that alcoholic beverages can be served to the public. John Hughes stated that there is no legislative history from the Board on this matter. He also stated that the right to serve alcohol to the public is regulated by the State. He stated that the use variance should not be required based on the interpretation of the Board. The Chair deferred to the Village Attorney. Janet Gandolfo stated that the public notice states that a tavern use was requested. She stated that the proposed restaurant would not require a use variance. The Chair stated that the establishment will still serve alcohol so the use variance should still be considered. Janet Gandolfo asked if the 200-foot rule has been historically used by the ZBA in the past for an area variance. The Chair responded yes. The Chair made a motion to go into Executive Session to discuss the application with the Village Attorney. Timothy Judge seconded. It was unanimous (5-0). The Board went into Executive Session at 8:31pm. The meeting resumed at 8:50pm No action was taken. The Chair stated that the Board has interpreted that for the requested use, the applicant must apply for a Building Permit for a restaurant that serves alcohol, in effective a tavern use. He stated that if the Building Permit is denied and the same as appealed, the Zoning Board will hear the application as part of the appeals process. He stated that the application before the Board is for a tavern. John Hughes stated that he would re-file the paperwork with the Building Department and request an adjournment for the current application. The Chair made a motion to accept the applicants request for an adjournment. Timothy Judge seconded. It was unanimous (5-0). The application was adjourned. APPROVED Zoning Board of Appeals Meeting, April 21, 2010 2 �2) Other The Chair stated that the minutes should have more details on the discussions that took place. He asked if the video recording or the meeting minutes are the official record. Sean McCarthy responded that the meeting minutes are the official record. The Chair asked if certain meetings should be officially transcribed so that all of the details are captured. He stated that the minutes are a summary of the meeting but there are some specifics that can be added. The Board agreed that certain applications should be transcribed for a more detailed official record. 3) Minutes for January and February 2010 The minutes for the January and February 2010 meeting were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). Adjourned 9:18 pm. APPROVED Zoning Board of Appeals Meeting, April 21, 2010 3 � 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_2010-04-21 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