https://sleepyhollow.localarchives.org/files/original/730491aa918b79cf9ce9f5b8018ef971.pdf 2a49b857a8e05ec5896c4a5404032ad4 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED October 19, 2011 The meeting was called to order by Peter Koffler, Chairman at 8:05 pm. The Chair noted that a quorum was present. Present: Michael Wernick Linda Moiron Timothy Judge M. Gorete Crowe Peter Koffler, Chairman Jennifer Lobato-Church Sherry Bishko Absent : None Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Anthony DelVecchio (Recording Secretary) Agenda: 1) M/M Araujo - Luigi Rogliano 68 Beekman Ave 2) Moon River Grill 222 Beekman Ave 3) Laurentino Rodrigues 172 Valley Street 4) Carl Colasacco 169 Webber Ave 5) Minutes for July and September 2011 New mixed use residential bldg Variance Review Mixed use bldg Detached garage and addition Announcements: None. 1) M/M Araujo - Luigi Rogliano 68 Beekman Ave New mixed use residential bldg Luigi Rogliano is the contract vendee and is representing this application on behalf of the owners. The Chair read the public notice aloud for the record. Luigi Rogliano stated that the previous application was approved. He stated that the approved variances have expired and they are only seeking to obtain the same approvals. The Chair asked why the variances expired. Sean McCarthy stated that the variances are only good for 1-year unless a building permit is filed. Luigi Rogliano stated that the previous owners did not have the financing in place to proceed with the work. He stated that the original meeting minutes have been provided to the Board along with the original ZBA approval. The Chair asked about the occupants of the space. �Luigi Rogliano responded that he did not know yet. The Chair opened the public hearing. Since there were no public comments, the Chair closed the public hearing. The Chair reviewed the approved ZBA minutes from the January 21, 2009 meeting. The Chair asked about the interior floor plans. Luigi Rogliano responded that he did not know yet. He stated that the proposed tenants would need to get approval from the Village. Linda Moiron asked if the applicant knew that 2 off-street parking spaces were required as a condition for the residential units. Luigi Rogliano responded that they will comply. The Chair stated that the application is the same application that was previously approved. He stated that it is not detrimental to the neighborhood and is not a self-created hardship. He made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (7-0). 2) Moon River Grill 222 Beekman Ave Variance Review Robert Ronan is the business owner (tenant) and is representing this application. The Chair read the public notice aloud for the record. The Chair asked is the proof of mailings was received. Sean McCarthy responded yes. Robert Ronan stated that he is seeking to lift the conditions on the previous approval. He stated that one-year has passed and there have been no issues with his business and the Village. He also stated that there have been no complaints. The Chair stated that the area variance conditions can be lifted or replaced. He reviewed the conditions. Robert Ronan stated that the restriction of bar stools should also be eliminated. The Chair stated that the bar stools are not part of the conditions. He stated that the bar stools were part of the determination for the interpretation of a restaurant within the Village and are part of the use variance. There was an open discussion regarding the ability of the Board to re-evaluate the decision to interpret the definition of a tavern or restaurant. The Chair asked the applicant to clarify if he wants the Board to re-evaluate their interpretation of the code. He stated that the public notice will need to be re-issued. �Sean McCarthy stated that the public has come to the meeting so the notice is correct. The Chair opened the public hearing. Mark Frye (41 Hudson Terrace) stated that he has 33 years in the restaurant business. He stated that a change in the Boards previous interpretation is needed. He stated that other municipalities have different interpretations. He reviewed the code interpretations for restaurant/ tavern for Peekskill and Lewisboro. He stated that all restaurants that have a bar area all have bar stools. He stated that the elimination of bar stools is overly restrictive. Jennifer Lobato-Church asked if these other municipalities specifically define beverages or specifically define a bar or tavern. Mark Frye responded no. Mark Frye stated that the restaurant should be allowed to have stools at the bar so that he can operate like any other restaurant in the area. He also stated that all restaurants be allowed to use curbside tables. Jeff Foyer (124 Cedar Lane) stated that it is inappropriate for the restaurant not to have bar stools for patrons. Fay Granada (Tarrytown) stated that the restaurant is losing money by not having a place to sit at the bar. She stated that every other restaurant in the area has a bar with stools. She said that she does not understand the problem with the interpretation. Gary Serina is the owner of 222 Beekman Ave. He stated that the applicant runs a great business. He stated that the nearby residents have no complaints against the restaurant. He stated that the tenant is not looking for a bar crowd. He stated that the definition should be reinterpreted and the bar stools should be permitted. The Chair made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (7-0). The Chair asked how many bar stools would the applicant need. Robert Ronan responded 10 stools. The Chair asked about the number of seats in the restaurant. Robert Ronan responded 75 seats. The Chair stated that the building sits in a very specific zoning district that excludes taverns and bars but allows restaurants. He stated that previously the distinction was never needed. He stated that the Board made their determination on the proposed use. He stated that the applicant can apply for a use variance. Robert Ronan stated that without the bar stools, he won't last past the end of the year. He stated that he needs the additional business to keep the restaurant open. Sean McCarthy stated that a condition should be placed on this application that could permit bar stools. APPROVED - Zoning Board of Appeals Meeting, October 19, 2011 3 �Timothy Judge referred to the NYS Liquor Authority application definitions for a restaurant and bar/tavern. He stated that a hybrid of tavern-restaurant can be created. The Chair responded that the Board does not have the authority to change the code. He stated that a condition can be placed on the prior variance to permit bar stools. Michael Wernick stated that the Board should re-interpret the definition of a restaurant and tavern. He stated that the bar/taverns primary purpose is to serve alcohol. M. Gorete Crowe stated that the use variance should be re-interpreted. Sherry Bishko stated that the definitions should be re-evaluated so that other applicants do not have this same issue. Timothy Judge asked if there have been any complaints. Sean McCarthy responded that there was one complaint but it was unfounded. There was an open discussion on the Board's ability to re-interpret the definition of a restaurant or bar/tavern. The Chair made a motion to remove condition (c) from the definition and adding the condition about the use of 10 bar stools. Linda Moiron seconded. It was unanimous (7-0). Robert Ronin also asked to increase the operating time to 12 midnight to compete with Tarrytown. He stated that last call is 11:30pm and the restaurant would still close at 12 midnight. The Chair made a motion to changing the restaurant definition so that the restaurant can operate until 11pm and still close at midnight. He stated that the Board will reserve the right to re-evaluate the conditions in 12-months. Linda Moiron seconded. It was unanimous (6-0 Lobato-Church abstained). 3) Laurentino Rodrigues 172 Valley Street Mixed use bldg This is a continuation from previous meetings. The Chair read the public notice aloud. William Simeonfrides is the project architect and is representing this application on behalf of the owners. William Simeonfrides provided drawings of some recent revisions. He reviewed the application for the Board. He stated that an additional window was added to the Valley Street side. He also stated that the roof elevations were changed. He stated that the required parking is being provided. He stated that the loading space variance is needed. He stated that the commercial space does not require any deliveries since it will be used by the owner to operate his properties. The Chair opened the public hearing. �Jose Chivera (70 Depeyster St) stated that he is still opposed to the project. He stated that currently there is a single family house on the property. He stated that this will create a 30-foot wall in front of his house. He stated that Depeyster St is a residential neighborhood. He stated that is it out of character with the neighborhood. Since there were no further public comments, the Chair closed the public hearing. Michael Wernick asked about the aesthetics of the proposed application. He stated that are the aesthetics enforceable. Sean McCarthy responded yes. William Simeonfrides stated that the property is located in a commercial zone. He also stated that the neighbors property is also located in a commercial zone. He stated that the residential zone does not start until further up on Depeyster Street. Sean McCarthy asked if the architect evaluated a complete residential development. William Simeonfrides responded no. He stated that the owner wants the commercial space so that he can move into it. He stated that it is going to be an office space and not retail space. There was an open discussion on possibly eliminating the commercial office space and make the property completely residential. The Chair stated that the development is a large structure and he feels that all of the options have not been explored to meet the applicants needs. There was an open discussion about removing the tower. The Chair asked about the impacts if the commercial space was removed and the project was just residential. Sean McCarthy responded that the parking requirements are less and the commercial loading space is no longer needed. Linda Moiron stated that the presented plans no not vary much from the previously rejected plans from about 1 year ago. William Simeonfrides responded that the plans have changed significantly. He presented a copy of the original application for a comparison. The Chair asked the applicant to re-evaluate the tower portion and the commercial space location. Linda Moiron also wanted the applicant to evaluate the 1BR duplex feature to reduce the bulk. William Simeonfrides responded ok. This was adjourned to the next meeting. No action was taken. 4) Carl Colasacco 169 Webber Ave Detached garage and addition This is a continuation from previous meetings. APPROVED - Zoning Board of Appeals Meeting, October 19, 2011 5 �The Chair read the public notice aloud. Frank Tancredi is the project architect and is representing this application along with the owner. Frank Tancredi summarized the application to date. He stated that at the last meeting, the neighbors voiced some concerns about the size of the garage. He stated that the revised plans have reduced the proposed storage in the original application. He stated that the ridge was reduced. The Chair asked if the design would be a standard 2-car garage. Frank Tancredi responded yes. He stated that new garage is slightly smaller that the proposed garage. The Chair asked about the height of the original garage. Frank Tancredi responded that he did not know. Sherry Bishko asked if the dormer and cupola were removed. Frank Tancredi responded yes. He stated that the proposed storage area above the garage has been removed. The Chair asked if the proposed garage is in the same location as the original garage. Frank Tancredi responded yes. Since there was no public present, the Chair opened and closed the public hearing. The Chair made a motion to approve the application as submitted. He stated that the garage would not change the essential character of the neighborhood and is the minimal variance that can be granted to meet the applicants needs. Jennifer Lobato-Church asked if there is any parking on Webber Ave. Carl Colasacco responded no. Michael Wernick seconded the motion. It was unanimous (7-0). 5) Minutes for July and September 2011 The minutes for the July and September 2011 meetings will be reviewed at the next meeting. Adjourned 10:32 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_2011-10-19 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