https://sleepyhollow.localarchives.org/files/original/69c350d6406b3994a5a6b856ef9a8498.pdf 15203a9ad48e012bd311fa0dfcde9f9f PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED September 21, 2011 The meeting was called to order by Jennifer Lobato-Church, Acting Chair at 8:07 pm. The Chair noted that a quorum was present. Present: Michael Wernick Sherry Bishko Linda Moiron Jennifer Lobato-Church, Acting Chair Absent : Peter Koffler, Chairman M. Gorete Crowe Timothy Judge Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Anthony DelVecchio (Recording Secretary) Agenda: 1) David Beaton 2) M/M Araujo - Luigi Rogliano 3) Moon River Grill 4) Laurentino Rodrigues 5) Carl Colasacco 6) Minutes for July 2011 167 Millard Ave 68 Beekman Ave 222 Beekman Ave 172 Valley Street 169 Webber Ave Construct deck and stone terrace New mixed use residential bldg Variance Review Mixed use bldg Detached garage and addition Announcements: The Chair stated that since there were only 4 members present, the Board would have to be unanimous to approve an application. 1) David Beaton 167 Millard Ave Construct deck and stone terrace This is a continuation from the previous meeting. Sergio Marin is the project architect and is presenting this application along with the owner, David Beaton. Sergio Marin stated that the deck has been reduced significantly. He stated that the front yard fence is being requested at 42" tall instead of 36" tall to ensure the safety of the Beaton's small children. He also stated that the front yard, side yard and combined yard setback variance requests have all been reduced. David Beaton stated that the deck is significantly scaled back. He stated that the revised application does not request the removal of any trees. �The Chair asked if there are any trees impacted by the proposed deck. David Beaton responded not one tree will be impacted. Michael Wernick asked about the number of beams that will be needed to support the deck. Sergio Marin responded that there are 2 beams on the ends and 2 beams in the center. Since the Board did not have any additional questions, the Chair opened the public hearing. Pat Piereson of 264 Millard Ave asked about the height of the posts. Sergio Marin responded that the post will sit on rock and will not sit on the ground. He stated that the post height will vary but will be about 7 or 8 feet tall. The Chair asked if a survey needs to be done to make sure the structural integrity of the deck is acceptable. Sean McCarthy responded that the project architect or structural engineer will have to certify that the deck is structurally sound. Pat Piereson reviewed 2 of the 5 reason for granting a variance. She stated that this property is not unique and that the Board might be setting a precedent for other similar 8 houses in the neighborhood that have similar site conditions. She also spoke about the rocks being an attractive nuisance. She stated that by building a man-made structure on the rock, the Board and Village would be liable if someone got hurt on the rocks. She stated that the applicants should consider a structure that is solid and not climbable. She stated that they should have the right to build their deck but conditions should be granted so that the entire deck is not build on stilts. Since there were no additional public comments, the Chair adjourned the public hearing. The Chair referred to Pat Piereson's submitted photos of the following properties: 264 Millard, 225 Highland Ave, 2 Highland Ave and 270 Millard Ave. David Beaton stated that his application is for a variance in the front yard. He stated that the houses referenced were not a true comparison. Sherry Bishko asked the applicant to review the previous application to see the changes that were made from the original application. Sergio Marin reviewed the changes in the revised plan. Sherry Bishko stated that the revisions are the direct result of ZBA comments from the previous meeting. The Chair stated that the last meeting the Board asked to see a rendering of the deck and that insufficient notice was provided to the Board to view it ahead of the meeting. No one on the Board felt that they needed more time to see the site. David Beaton stated that he made a simple construction of the deck projection. He stated that Sean McCarthy viewed the deck projection. �Sherry Bishko stated that she has reviewed the area variance conditions and she feels that the applicant has met the conditions. The Chair reviewed the public comments from the last meeting. She also stated that the application is not an undesirable change in the neighborhood and cannot be accomplished by any other means. She also stated that this is not a self-created hardship. Linda Moiron asked about the liability. Sean McCarthy responded that the liability questions should be directed to the Village attorney. Pat Piereson stated that the posts should be covered so that kids cannot climb the posts. She stated that she is not opposed to the applicant's deck. The Chair commented on the visual impacts of enclosing the posts stating they would be more obtrusive is enclosed. Sean McCarthy asked about the elevation of the deck to the 1st floor. Sergio Marin responded that it is 4" below the 1st floor. Linda Moiron stated that the 5 variances do not have to be all satisfied. She stated that the application is not detrimental to the neighborhood. The Chair closed the public hearing. The Chair asked if the Board wants to recommend that the applicant lower the deck to match the elevation of the stone wall. The Board agreed that the deck should not be lowered. The Chair stated that the proposed application is not detrimental to the neighborhood. She stated that this is not a self-created hardship and cannot be accomplished by any other means. She made a motion to approve the application as submitted. Michael Wernick seconded. It was unanimous (4-0). 2) M/M Araujo - Luigi Rogliano 68 Beekman Ave New mixed use residential bldg There was nobody present for this application. It was adjourned to the next meeting. 3) Moon River Grill 222 Beekman Ave Variance Review Sean McCarthy stated that there was an issue with the proof of mailings so this application will be adjourned to the next meeting. �4) Laurentino Rodrigues 172 Valley Street Mixed use bldg The Chair read the public notice aloud. The Chair asked if proof of the public mailings was received. Sean McCarthy responded yes. William Simeonfrides is the project architect and is representing this application. William Simeonfrides reviewed the new application. He stated that the original application needed a variance for FAR since the parking was covered and needed to be included in the calculation. He stated that the application has been revised to propose four 1-bedroom units and a 900 sf commercial office that will be used by the owner. Sean McCarthy asked the applicant to review the parking plan. William Simeonfrides stated that some parking spots on Valley Street will be realigned. He spoke about the covered parking spaces and the FAR requirements. The Chair opened the public hearing. Jose Chevere of 70 Depeyster Street spoke about the bulk of the application. He stated that the neighborhood consists of colonial style homes. He stated that this is out-of-character with the neighborhood. He stated that his property would face a large stucco wall and would impact his property value. He stated that although changes were made, the size of the structure is an issue. The Chair adjourned the public hearing. Sean McCarthy asked about the location of the structural beams and their potential impacts on the parking plan. William Simeonfrides reviewed the location of the proposed columns on the plan. He stated that the beams will not impact the parking plan. Sean McCarthy stated that the columns cannot be located inside of any parking spaces. Michael Wernick asked if anything can be done for the bulk of the wall. William Simeonfrides responded that he can put more windows in the wall. Linda Moiron asked about the size of the commercial space. William Simeonfrides responded about 1000sf. Michael Wernick asked if the commercial office space is sub-divided, will that change the parking requirements. Sean McCarthy responded no. He stated that a condition could be placed on the approval to limit the use of the commercial space. �The Chair asked if the Board had any other questions. Linda Moiron asked to see the minutes of the previous meetings. Michael Wernick asked to see any additional options to decrease the bulk of the wall on Depeyster Street. This was adjourned to the next meeting. 5) Carl Colasacco 169 Webber Ave Detached garage and addition The Chair read the public notice aloud. The Chair asked if proof of the public mailings was received. Sean McCarthy responded yes. Frank Tanfreddy is the project architect and is representing this application along with the owners. Frank Tanfreddy presented photos to the Board of the current property. He stated that the original garage was a 2-car garage. He stated that the garage was removed without a permit. He stated that the new 2-car garage is a little larger than the original and that it was also started without a building permit. He presented photos of what is currently on the property. He reviewed the interior layout of the property. The Chair asked about the variances requested. She stated that the only variance before the Board is for the garage and not for the 2-family status. Sean McCarthy responded that the 2-family status is a pre-existing non-conforming use. There was an open discussion on the Boards review of the application and how they will approach the requested variances. Sean McCarthy reviewed the requested variances. The Chair asked to know what variances are required as a result of the unapproved work. Sean McCarthy responded that it is noted on the public notice. Sean McCarthy stated that the Building Dept does not recognize the new garage since the original garage was removed without a permit over a year ago. Carl Colasacco spoke about the original garage. He spoke about the history of the garage removal and the reconstruction. He stated that the new garage is a little smaller that the original garage. Michael Wernick asked about the garage height. He stated that he was concerned with the 21foot garage height. �Frank Tanfreddy reviewed the interior layout of the property. The Chair asked how many families are occupying the house. Carl Colasacco responded two families. The Chair opened the public hearing. Kerry Dahl from 171 Webber Ave stated that the work done at the property is fantastic. He stated that the garage size is unappealing. He stated that the property abuts the Rockefeller property. Sherry Bishko asked if the original garage had a storage space. Kerry Dahl responded there was a small space for his tools and maintenance tools like a lawn mower. Sean McCarthy stated that the garage height is measured from the midpoint of the ridge point and not the peak of the structure. Gale Saldas from 167 Webber Ave stated that she remembers the original garage. She stated that the house is very well maintained. She stated that the garage will be too large and she is concerned that it will eventually be living space. Sherry Bishko asked for the size of the storage space. Frank Tanfreddy responded 270sf. The Chair adjourned the public hearing. Carl Colasacco stated that the original garage was in serious disrepair. He stated that he started to remove the garage in his spare time. He stated that he knew he needed a Bldg Permit to remove the garage so he hired an architect. He stated that he never filed for a permit. Sean McCarthy stated that his first introduction with this property was when he issued a stop work order when it was discovered that the footings and foundation were completed on the new garage. He stated that the owner continued and installed the walls. He stated that a 2 nd stop work order was issued. The Chair made a motion that the Board adjourn the application so that the Board can visit the property. Linda Moiron seconded. It was unanimous (4-0). 6) Minutes for July 2011 The minutes for the July 2011 meeting will be reviewed at the next meeting. Adjourned 10:12 pm. � 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-2011 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_2011-09-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2011 Date A point or period of time associated with an event in the lifecycle of the resource 2011 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