https://sleepyhollow.localarchives.org/files/original/94db77ff0c1b2e0e774a43c887a784b5.pdf 952f16aef7f50ddad6c3591748b20745 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED December 15, 2010, 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 Timothy Judge Sherry Bishko Michael Wernick Absent : M. Gorete Crowe Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Laurentino Rodrigues 172 Valley Street 2) Ramon & Debra Misle 75 College Avenue 3) Minutes for May, June, July and September 2010 Mixed use structure Convert 2-family to 3-family Announcements: None. 1) Laurentino Rodrigues 172 Valley Street Mixed use structure - William Simeoforides is the project architect representing this application along with owner Laurentino Rodrigues. Public notice was read aloud. Sean McCarthy stated that proof of public notice has been received. William Simeoforides gave an overview of the proposed project. He stated that there are 4 units proposed over a small office space. He spoke about the 10 parking spaces that are proposed on Valley Street. He stated that 10.6 spaces are required. William Simeoforides stated that the Floor Area Ratio variance is needed because of the space allocated to meet the parking requirement. He also stated that the commercial loading space is required but would not be needed because the commercial space will only be for a small office. �He stated that there are 4 compact spaces and 6 full size parking spaces proposed with this application. The Chair asked about the parking calculations. William Simeoforides responded that the calculation is based on the number of residential bedrooms and the square footage of the commercial space. He said its 1 parking space for every 300sf. He stated that a reduction of 200sf in the commercial space would not require the parking variance. He stated that the commercial space is already narrow and small already. Tim Judge asked about the potential future use of the space. Laurentino Rodrigues responded that it will always be used as an office space. Sean McCarthy responded that Board approval could set a condition to make this permanent office space. Linda Moiron stated that the zoning compliance form only shows 5,129 sf. Sean McCarthy responded that he has an updated compliance form. William Simeoforides stated that without the parking and mechanical spaces the floor area is 5,512sf. Linda Moiron asked about the last application for this property. Sean McCarthy responded that the last application was submitted in 2003 and the Board denied the request. He also stated that a use variance was part of the prior request. The Chair asked if the Board had any further questions. There were none. The Chair made a motion to open the public hearing. Linda Moiron seconded. It was unanimous (6-0). Jose Shivare of 70 Depeyster Street opposed the project. He stated that many tenants will not want to pay for parking and will park on the street. He stated that the size of the project is too much for the area. He also stated that there are empty store fronts up the block and adding more commercial space in the area will not help the community. Mrs. Shivare stated that the current property is an eyesore but the proposed structure is not in character with the Village. Since there were no further public comments, the Board adjourned the public hearing. Timothy Judge asked if ARB approval is needed. Sean McCarthy responded that the application is currently before the Planning Board and it was already reviewed by the Waterfront Advisory Committee. He stated that ARB review is also needed. APPROVED - Zoning Board of Appeals Meeting, December 15, 2010 2 �The Chair stated that the FAR variance is substantial. He stated that the parking variance is not large but he feels that other options can be further explored. Jennifer Lobato-Church stated that the proposed structure is out-of-character with other houses in the area. She stated that the one parking space and one loading area are required. Sherry Bishko asked about the size of the turrets William Simeoforides stated that turret and staircase is about 190sf. Linda Moiron asked about the height of the structure. William Simeoforides responded to the top of the turret is 25-feet. It was agreed that there was a discrepancy in the reported 37-foot height reported on the zoning compliance form. Michael Wernick asked if the commercial space could be better blended in with the residential community. William Simeoforides responded that he was trying to keep the two spaces separate. There was an open discussion on restricting the parking spaces to tenants. It was agreed that the parking can be restricted to tenants. The Chair made a motion to adjourn this application for one month so that the Board can visit the area and the applicant can explore other options. Timothy Judge seconded. It was unanimous (6-0). 2) Ramon & Debra Misle 75 College Avenue Convert 2-family to 3-family - John Tucciarone is an attorney representing this application along with the owner. Public notice was read aloud. Sean McCarthy stated that proof of public notice has been received. The Chair recused himself from this application. Timothy Judge is Acting Chairman for this application. John Tucciarone stated that this property was purchased in 1985 and is currently being used as a 3-family property. He stated that there were no recent violations or complaints on the property. He stated that the current parking required is 6 spaces and only 3 are proposed. He stated that there is no adverse impact on the neighborhood. He stated that the property has been used as a 3family for 47 years. John Tucciarone stated that when the property was purchased in 1985, Jim Margotta made an inspection of the property and did not indicate that there was an issue with the occupancy. APPROVED - Zoning Board of Appeals Meeting, December 15, 2010 3 �Ramon Misle stated that he is only trying to get a Certificate of Occupancy to comply with the law. He stated that he is retired and needs the income from the additional apartment. Michael Wernick asked if the property is taxed as a 3-family property. Janet Gandolfo responded that 2 and 3-family properties are taxed under the Homestead Rate unless the Tax Assessor finds something different. The Acting Chair asked why the recent inspection was needed. Sean McCarthy responded that all properties over 2 family units required an inspection every 3years. He stated that during the inspection the additional apartment was discovered. He also stated that a search of Village documents showed that as of 1996, the property was noted as a 2family house. He stated that the title report from the purchase back in 1985 showed that the property was a 2-family property. There was an open discussion on the tax records and the Village Building Dept records. Ramon Misle asked if his property was supposed to be a 2-family property, why did the Village want to inspect the property. He stated that the Village knew that the property was a 3-family property. The Acting Chair made a motion to open the public hearing. Sherry Bishko seconded. It was unanimous (5-0 Koffler abstained). Armando Gallella of 42 Depeyster St stated that the house was a 3-family house and the Board should approve the application. Since there were no further comments, the Board adjourned the public hearing. The Acting Chairman stated that the Building Permit from 1979 indicates that the house is noted as a 2-family house. Linda Moiron stated that the property is not being grandfathered as a 3-family house. She stated that the requested variances should be reviewed. Jennifer Lobato-Church stated that the parking variance will create an undesirable change to the neighborhood. She stated that parking is congested in the area. Janet Gandolfo stated that the applicant could present a plan to rent the additional spaces from another location. The Acting Chairman asked about the number of vehicles currently at the property. Ramon Misle responded there are 4 cars on the property now. The Acting Chairman referred to the property survey. He asked if the parking configuration could be altered to create the required parking. APPROVED - Zoning Board of Appeals Meeting, December 15, 2010 4 �Sean McCarthy responded based on the dimensions of the rear yard, only 3 parking spaces can be created. He stated that there is an easement for the apartment building behind the property and the easement cannot be blocked. The Acting Chairman made a motion to adjourn this application so that the applicant can explore the possibility of renting the required parking spaces needed to convert the property to a 3-family property. Michael Wernick seconded. It was unanimous (5-0 Koffler abstained). 3) Minutes for May, June, July and September 2010 The minutes for the May, June, July and September 2010 meetings will be reviewed at the next meeting. The Board discussed the possibility of having the recorded video tape as the official record and not keeping minutes. Adjourned 9:49 pm. APPROVED - Zoning Board of Appeals Meeting, December 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_2010-12-15 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