https://sleepyhollow.localarchives.org/files/original/3806f4cee03b1b64ae5ee07b29af04a0.pdf f61b75682328eb80bdea898fc150cf8a PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED September 15, 2010 The meeting was called to order by Peter Koffler, Chairman at 8:06 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Jennifer Lobato-Church M. Gorete Crowe Timothy Judge Sherry Bishko Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Herbert & Javanika Weltig 14 Merlin Ave 2) Collette Weinstein 41 Amos St 3) Antonio Soares 64 Depeyster St 4) Minutes for May, June and July 2010 New addition Addition and alterations Appeal/legalize 3-family dwelling Announcements: None. 1) Herbert & Javanika Weltig 14 Merlin Ave New addition - The public notice was read aloud. This is an application for an area variance. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair noted that the Board had received the following: 1) Application 2) Survey 3) Building plans 8-20-2010 A representative from the architects office presented this application on behalf of the owners. He gave an overview of the proposed changes. He stated that the proposed changes would project 3-4 feet westward from the current location of the screened porch. �The Chair noted that even with the increase, the side yard setback is still being met. The Chair opened the public hearing. Since there were no public comments, the Chair closed the public hearing. The Chair stated that the proposed variances are minimal. He stated that the improvements will make the house look much nicer. He stated that the improvements will not make an undesirable change to the neighborhood. The Chair made a motion to approve the application as submitted. Tim Judge seconded. It was unanimous (5-0). 2) Collette Weinstein 41 Amos St Addition and alterations - The public notice was read aloud. This is an application for an area variance. The Chair noted that the Board had received the following: 1) Application 2) Building plans 8-19-2010 The Chair asked if the returns were received. Sean McCarthy responded yes. Javier Taborga is the project architect and is representing the application on behalf of the owner. Javier Taborga gave an overview of the proposed application. He stated that the extension will be made to the rear of the house. He stated that the existing house is very small and this extension will make the house more functional. The Chair opened the public hearing. Since there were no public comments, the Chair closed the public hearing. The Chair stated that the proposed variances are minimal. He stated that the improvements will not make an undesirable change to the neighborhood. Tim Judge made a motion to approve the application as submitted. The Chair seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 2 �3) Antonio Soares 64 Depeyster St Appeal/legalize 3-family dwelling- Richard Blancato is an attorney representing this application on behalf of the applicant. Public notice was read aloud. Richard Blancato stated that his client purchased the property back in 1964. He stated that back in 1970, the owner made improvements to the property to create a 3-family house. He stated that the owner filed the required building permits for the work. He also stated that the Village and Town increased the property taxes on the property at that time. Richard Blancato stated that the R-5 zone permits 3-family houses but it requires 5000sf. He stated that the property only has 4125sf. He stated that there are no records regarding whether a variance was granted back in 1970-1972. The Chair asked if the original building permit application from the 1970 completed work was available. Richard Blancato responded no. Richard Blancato responded that there is one apartment in the basement, one on the 1st floor and one on the 2nd floor. Lobato-Church asked about the The Chair referred to the Village Building Inspector to discuss the information that the Village has on file for this property. Sean McCarthy presented a document dating back to 1964. He stated that the property was a 2family. He stated that the assessment records are not a legalization tool. He stated that prior to 1968, the property was a 1-family house. He stated that it was converted over the years to become a 4-family house. The Chair asked if there is a Certificate of Occupancy on the property. Sean McCarthy responded no. He stated that the building owner took out a permit to rebuild an extension on the property. He submitted copies of the plans Sean McCarthy presented the Board with copies of the 1970 Con Ed survey indicating that there are 2 meters. He presented another Fire Underwriters Sean McCarthy In Nov 1972, Con Ed was requested to install a gas meter. The permit indicates that the property is a 2-family house. Sean McCarthy stated that in 1973, the owner took out a permit to fix the driveway. In 1981, there was an underwriters certificate to install 2 more electric meters at the property. He stated that a total of 5 meters were installed. Another document described the reason was to meter the landlord usage and rear basement unit separately. APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 3 �Sean McCarthy stated that in 1986, the Village was re-assessed. He stated that the assessor noted that there were 4 apartments at that time. Jan 2003, a letter was written to the owner from Bob Stiloski. The letter asked the owner to explain why there were 4 units on the property when the Village records only indicated that there were 2 legal units. Earlier this year, a notice of inspection was sent to the property owner. The property was inspected and found to have the illegal apartments. He stated that the owner did not respond so a violation was issued. He stated that right before the compliance deadline, the owner filed a permit to remove the rear basement apartment. The building permit was issued. He submitted a copy of the survey that showed the property to be a nonconforming property. The Chair asked the Village Attorney regarding the public notice. Janet Gandolfo responded that since the applicant has not specifically requested any variances, the public would have to be re-noticed. Richard Blancato stated that the basement apartment existed prior to the current owner purchasing the property. He stated that in 1970, the property was listed as a 2-family house. He stated that in 1972, the property was altered to a 3-family house. He stated that the change to a 4-family residence was illegal and was removed by the owner. He stated that the only variance needed would be for the upstairs (2nd floor) unit. He stated that the property would require an area variance. The Chair responded that the required variances The Chair made a motion to open the public hearing. Annette Soares (owners daughter) has lived at the property all her life. She stated that there was always an apartment in the basement. She stated that they are trying to track down the previous owners. Antonio Soares (owners son) stated that he lived in the basement apartment. He stated that he also lived in the house his entire life. He stated that it was always a 3-fmaily house. Margaret Luckavic lived in the house for 31 years as a tenant. She stated that it was always a 3-family house since she lived at the property. The Chair stated that the issue is whether it was ever a legal 3-family residence. He asked if the attorney who did the closing was contacted. Richard Blancato responded that the attorney was deceased. The Chair asked if the property was ever financed. APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 4 �Richard Blancato responded that he also tried to find out that information. He stated that there is no mortgage on the property. The Chair stated that the owner knowingly made the illegal 4th apartment. Richard Blancato stated that the building inspectors were more lax than today. The Chair asked about the owners response to the 2003 letter from Bob Stiloski. Richard Blancato responded that the owner presented the information to Bob Stiloski and the matter was dropped until 2010. The Chair stated that the application is lacking data to support that the property is legally more than a 2-family residence. He stated that the Village has detailed enough information in the building folder to support its position. He commended the Village Building Inspector for his diligent research. He stated that the owner loses credibility when he made the property a 4-family dwelling without a building permit. He made a motion to deny the request for an appeal of the Building Inspectors determination. Lobato-Church seconded. It was unanimous (6-0). 4) Minutes for May, June and July 2010 The minutes for the May, June and July 2010 meetings will be reviewed at the next meeting. Adjourned 9:10 pm. APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 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-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_2010-09-15 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