https://sleepyhollow.localarchives.org/files/original/d3c1d9c114643b62678a73e0ef1816a1.pdf 3e155650869cbd9991d0cc57b4f79495 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING April 18, 2012 The meeting was called to order by Timothy Judge , Acting Chairman at 8:15 pm. The Chair noted that a quorum was present. Present: Michael Wernick Linda Moiron Timothy Judge, Acting Chair Tom Capossela Sherry Bishko Absent : M. Gorete Crowe Peter Koffler, Chairman Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Anthony DelVecchio (Recording Secretary) Agenda: 1) Marcelo Poguio 95 College Avenue 2) Antonio Soares 64 Depeyster Street 3) Kiran & Jenny Batheja 4 Webb Road 4) Minutes for November 2011 and January 2012 Proposed grocery store Convert 2-fam. to 3-fam. Addition and alteration Announcements: None. 1) Colette Weinstein 41 Amos Street Addition and alteration This is an application for an area variance. The Chair asked if proof of mailings was received. Sean McCarthy responded yes. The Chair read the public notice aloud for the record. The Chair stated that the Board had received the following: 1) Appeal and petition 2) Zoning Compliance form 3) Short EAF 4) Drawings The applicant was not present yet so this was adjourned to later in the meeting. �2) Marcelo Poguio 95 College Avenue Proposed grocery store This is a continuation from the previous meeting. Kyle McGovern is an attorney and is representing this application on along with engineer, Stephen Costa and the owners. Kyle McGovern summarized the events from the last meeting. He stated that the owners are also proposing to make deliveries to residents in the area to further minimize the parking impacts. The Chair asked if the Board had any questions. There were none. The Chair reopened the public hearing. Anna RAKIPI owns 128 Cortlandt St. She said that she owns the building next to the applicants property. She stated that she does not understand why another delicatessen is proposed next to an existing delicatessen. Douglas Martino is representing Maria Gonzalez who owns the delicatessen next to the applicants property. He presented a petition of 259 signatures opposing the application. He stated that the notice posted at the property does not show the date and time of the meeting. The Chair asked the Building Inspector if he sign is provided by the Village. Sean McCarthy responded yes. Janet Gandolfo responded that the law only requires the public mailings of adjacent property owners. Douglas Martino stated that the requested variance is dramatic. He stated that there are negative impacts to the neighborhood for parking and for local businesses. He presented a photo of the area showing a school bus stop pick-up location. He stated that the applicant knew the limitations of the property when they purchased it. He also stated that an application for a nearby Walgreens was converted into a different use from what was originally proposed. He stated that this property can change after the variance is granted. The Chair responded that the Walgreens pharmacy is not within this Village. Stephanie Greon is the daughter of Maria Gonzalez. She stated that this application will take away more jobs than it will create since many of the local businesses will close. Joe Foley of 126 Valley Street stated that the property used to be an automotive body shop. He stated that it was converted to a construction business. He stated that the parking was bad when it was a body shop. He stated that laws are put in place so that they are not abused. He asked that the application be denied. Zoning Board of Appeals Meeting, April 18, 2012 2 �Edwin Gonzalez from 126 Cortlandt Street owns a delicatessen. He stated that there are 7 other bodegas within 2 blocks of his property. He stated that the owners have to work 14-18 hours a day to make a living. Since there were no further public comments, the Chair closed the public hearing. The Chair stated that the Board does not evaluate issues regarding competition between businesses. He stated that the Board only determined the application based on the variances sought by the applicant. He stated that parking in the area during the day is ok. He stated that peak times may be different. Sherry Bishko asked when the store will open daily. Kyle McGovern responded 8am. Tom Capossela asked about the requested variances. Sean McCarthy responded that the parking variance is needed. He stated that the distance variance is not required since they are not serving food. Tom Capossela asked about the hours of operation. Kyle McGovern responded 8am-8pm Sat and 8am-6pm Sunday. There was an open discussion on the parking spaces needed. Kyle McGovern stated that 2 parking spaces will be restored so a total of 14 spaces are needed. Michael Wernick stated that property owners should be allowed to use their property but he is concerned with the impacts to the community. He stated that he takes his car to the supermarket and he thinks that the parking in the area will be an issue. He stated that the applicant should present their case regarding parking impacts to the area. Kyle McGovern responded that the applicant has exhausted efforts to secure parking in the area but was unsuccessful. Tom Capossela asked about the current use of the site. Kyle McGovern responded that the owner uses the site for a construction storage facility and parking garage. He stated that the owner has outgrown the space. He stated that anything that is built at the location will require a variance. Sherry Bishko stated that she thinks that the proposed use will be a benefit to the community. She asked about the process if the ZBA approves the application. Janet Gandolfo responded that it would need approval from the Planning Board. She gave an overview of the Planning Boards review process. Linda Moiron asked what can currently be operated at the site. Steven Costa responded that it can currently be used as a storage facility. He reviewed the parking requirements for other uses. Zoning Board of Appeals Meeting, April 18, 2012 3 �Tom Capossela stated that he will not vote tonight because he has not had an opportunity to review the application yet. The Chair asked if knowing the number of registered vehicles in the apartment buildings would help the Board in making a decision. Michael Wernick responded that the applicant is only providing 20% of the required parking. Linda Moiron responded that the local vehicle information would help. She stated that it would allow the Board to better understand the impacts to the area. The Chair made a motion to adjourn the application to the next meeting. He stated that the number of cars owned by the residents of the 2 large apartment buildings would help the Board. Michael Wernick seconded. The Chair asked if the applicant about the target market of the store. He also asked about the occupants of the apartment buildings and how many drive. He also asked about a traffic study be performed of the intersection. Michael Wernick responded that the study should add all of the school bus stop times and locations. He also stated that the Bee-line bus stops and locations should also be included. Janet Gandolfo stated that the traffic study at Valley St. and College Avenue along with a parking survey during several intervals throughout the day should be enough information for the Board. Linda Moiron asked why the employee parking was placed on site instead of customer parking. Steven Costa responded that there is a loading zone next to the parking. He stated that the owners did not want customers to enter the store thru the loading zone. He also stated that it is very narrow. The Chair asked if the parking area could be monitored. Douglas Martino presented a photo of the parking area to the Board. Sean McCarthy stated that the area is not in compliance with the Village Code. The Chair asked that the Board is requesting the parking information include the number of parking permits in the 2 apartment buildings in the area. Parking space survey at several intervals throughout the day as well as a vehicle count. He stated that 10-days of data should be sufficient. Kyle McGovern responded that industry standards are peak morning and peak afternoon. The Chair responded that he understood. He was more concerned with the available parking spaces throughout the day than the vehicle counts. It was unanimously adjourned (5-0). CONTINUED 1) Colette Weinstein 41 Amos Street Zoning Board of Appeals Meeting, April 18, 2012 Addition and alteration4 �This was continued. Colette Weinstein is the owner and is representing this application. Colette Weinstein stated that the house is a pre-existing non-conforming structure. She stated that she was before the Board about 18 months ago. She stated that the variance has expired and the previous plans have been reduced from what was originally approved. She stated that the rear 2-story extension will not be constructed. She stated that she will build a small porch in the back of the house. She also stated that she wants to extend the entrance step by about 4 feet to provide a proper entranceway into the house. Michael Wernick asked for clarification on the additional 4-feet. Colette Weinstein stated that she wants to extend the single step by 4-feet so that you can enter the house without falling off of the step. The Chair asked if the proposed addition is still going to be constructed. Colette Weinstein responded that the new 2-story addition will not be built. She stated that the foundation will be reconstructed to support the 2 nd story construction. The Chair made a motion to open the public hearing. Since there were no public comments, the Chair made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Tom Capossela made a motion to approve the application as submitted. Michael Wernick seconded. The Chair stated that this is the minimum variance that can be approved to benefit the applicant. He also stated that the proposed variance will not be detrimental to the community and that it was not a self-created hardship. It was unanimously approved (5-0). 3) Antonio Soares 64 Depeyster Street Convert 2-fam. to 3-fam. This is a continuation from previous meetings. Richard Blancato is an attorney and is representing this application along with the applicant. Richard Blancato stated that at the last meeting that the Board wanted to visit the property. He stated that the Board never contacted the owner to access the interior. Zoning Board of Appeals Meeting, April 18, 2012 5 �Richard Blancato stated that the easement is still in the process of getting executed. He stated that the adjacent owner is going to sign the easement soon. Richard Blancato gave a historical summary of the application to date. Richard Blancato submitted a document that the applicant was the Chairman of the Electrical Board at the time of the conversion. He also stated that the licensed plumber that completed the work (Hugo Checci) was on the Board of Trustees at the time. He stated that all required permits were obtained by the applicant at the time the work was done but the Village has no record of it and neither does the owner. Richard Blancato stated that a variance for one parking space is needed. He stated that the house has been used as a 3-family since 1972 and the applicant has been paying taxes as a 3-family The Chair stated that the property taxes do not indicate the legal use of the property. Richard Blancato reviewed the reasons for granting an area variance. Michael Wernick asked the Building Inspector to clarify the required variances. Sean McCarthy responded that the 3-family use will trigger additional variances that need to be met. Tom Capossela stated that he will not vote on this application this evening because he is not aware of all of the facts. The Chair stated that if the Board votes on the application, since there are only 4 voting members, the vote must be unanimous or the application would be denied. Richard Blancato stated that the applicant does not have any problems with the adjournment since they would like to give Tom Capossela a chance to review the documents. Tom Capossela asked if a Building Permit was taken out for this proposed work. Richard Blancato responded yes. He stated that the owner has copies of the electrical permits but not the Certificate of Occupancy. At the request of the applicant, the Chair made a motion to adjourn this application to the next meeting. Linda Moron seconded. It was unanimous (5-0). 4) Minutes for November 2011, January 2012 and March 2012The minutes for the November 2011 and January 2012 meetings will be reviewed at the next meeting. Zoning Board of Appeals Meeting,November16,20112 �The March 2012 minutes were reviewed. Linda Moiron made a motion to approve the minutes as submitted. Michael Wernick seconded. It was unanimous (4-0). Capossela abstained. Adjourned 9:36 pm. Zoning Board of Appeals Meeting,November16,20112 � 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-2012 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_2012-04-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2012 Date A point or period of time associated with an event in the lifecycle of the resource 2012 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