https://sleepyhollow.localarchives.org/files/original/4ad8dc3475134e996698b73090e794e3.pdf 88a8765c9120040673e52cced7ebbb92 PDF Text Text VILLAGE OF SLEEPY HOLLOW APPROVED -ZONING BOARD OF APPEALS MEETING May 16, 2012 The meeting was called to order by Peter Koffler, Chairman, at 8:01 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Michael Wernick Linda Moiron Tim othy Judge Tom Capossela Sherry Bishko Absent : M. Gorete Crowe Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Anthony DelVecchio (Recording Secretary) Agenda: 1) Antonio Soares 64 Depeyster Street Convert 2-fam. to 3-fam. 2) Marcelo Poguio 95 College Avenue Proposed grocery store 3) Minutes for November 2011 and January and April 2012 Announcements: None. 1) 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 the easement for parking was discussed. He stated that the easement was executed but that it was not recorded in the property records because the title company required certain revisions. He did not have a copy of the easement he said was previously signed, or offer any proof that it had been signed. He stated that he expects the revised easement will be executed next week. Richard Blancato stated that the history of the property is important since it has been a 3-family for over 40 years. He stated that it is not detrimental to the neighborhood and is not a self-created hardship. He stated that there are other 3-family properties in the immediate area. He stated that the cost to convert the property back to a 2-family would be significant. He also stated that a tenant that has been at the property for over 30 years will have to relocate. He also stated that in considering the impact of the proposed variance on the neighborhood, the Board must compare the existing use with the proposed use. � The Chair disagreed with the statement that this property is currently a 3-family property, because legally it is only a 2-family property. The Chair also disagreed with Mr. Blancato’s assertion that in assessing potential adverse effect of the proposed variation the Board must consider the present use (even if illegal), rather than the legal use versus the requested one. The Chair stated that, to the contrary, the Board will consider the legally permitted use (in this case, 2-family) as compared to the requested use (in this case, 3family) in determining impact. Richard Blancato stated that the current ordinance requires 5 parking spaces and the applicant is providing 4 parking spaces. He stated that the variance is very small. He also stated that back in the1970s, the requirement was less. There was a general discussion regarding the criteria for a variance, including the character of the neighborhood, the potential impact upon the area if the variance was granted, and the substantiality of the requested variance. The Board noted the present crowding situation, parking shortage, and the general strain upon municipal services posed by increasing the neighborhood density. Tom Capossela responded that the impacts of granting the proposed variance would be significant. He stated that there would be impacts to water, garbage and other Village resources. There was an open discussion on the easement. The Chair asked Mr. Blancato if he had a copy of the previously signed easement or other proof it was signed. He stated that he did not. The Chair asked Mr. Blancato if the easement in its prior or present form was revocable or permanent. He stated that is was revocable. The Chair stated that the conversion from a 2-family to a 3-family is substantial. He stated that the change is undesirable and is detrimental to the neighborhood. He made a motion to deny the variance. Tom Capossela seconded. It was unanimously denied (6-0). 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 the engineer, Stephen Costa and traffic engineer, Michael Calvi. The Chair stated that they have received the new traffic study. Kyle McGovern summarized the last meeting. He stated that the variance sought is an area variance and not a use variance. He stated that the petition submitted was allegedly signed by 200 residents. He stated that the petition contained inaccurate statements (including possible English-to-Spanish translation) that might have improperly swayed residents to sign the document. He also stated that there are no addresses on the document. Kyle McGovern spoke about the school bus safety issue. He stated that he spoke to the school Bus company and provided a copy of the school bus schedule. He stated that there is no school bus stops in the vicinity and provided documentation to support the statement. Zoning Board of Appeals Meeting, May 16, 2012 ‐APPROVED � Kyle McGovern spoke about the safety of elderly crossing the street in the area. He stated that the market will benefit the residents of the senior housing development by having a supermarket closer to their home. Kyle McGovern also provided a petition with 400 signatures in support of the application. He stated that the residents are all local to the area. Lastly, he stated that any use at the property would require a variance. He provided an analysis of numerous uses and their parking variances needed. Michael Calvi is the traffic engineer for this application and he spoke about the traffic study. He spoke about the parking available in the area and stated that there are about 50 street parking spaces available. He spoke about the parameters of the study. He stated that the highest traffic count was 60 cars in an hour. He stated that there is one public bus stop in the area. He stated that the intersection is not hazardous. He stated that that traffic count was performed on 2 different days. Sherry Bishko asked about the peak traffic times. Michael Calvi responded between 4pm and 5pm. The Chair stated that the report was comprehensive. He stated that the parking areas are a little far away but even eliminating some farther areas, there are over 20 parking spaces. Tom Capossela asked about any delivery services. Kyle McGovern responded yes. He stated that with a $50 purchase, there is free delivery. He stated that there are other benefits for senior citizens. Timothy Judge asked about the parking spaces for the 2 apartment buildings. Kyle McGovern responded that the number of spaces and vehicles was not able to be obtained. He stated that both buildings are at capacity. The Chair stated that contrary to what was previously suggested by the applicant, there was not a positive recommendation from the Planning Board. Kyle McGovern responded that there was positive feedback from the Board but a positive recommendation was not received. Kyle McGovern also submitted another 100 signatures from 100 College Avenue in support of the project. The Chair opened the public hearing. Jocelyn from 100 College Avenue stated that the application is a good idea. Ana is the owner of 99 College Avenue stated that she is concerned with parking. She owns a parking lot in the area and she is concerned with people parking in her lot. She stated that at the last meeting, it was mentioned that the applicant tried to rent spaces at the Thai restaurant. She stated that this is not true since she owns the parking lot for the Thai restaurant. Edwin Gonzales lives near 100 College Avenue. He stated that the traffic study doesn’t take into account the traffic impacts of the application. Maria Gonzalez owns 99 College Avenue. She stated that there are enough stores in the area already. She stated that the small businesses will suffer because of the application. Zoning Board of Appeals Meeting, May 16, 2012 ‐APPROVED � Since there were no further public comments, the Chair closed the public hearing. The Chair asked about the loading zone. Stephen Costa responded that a loading zone is being provided. He stated that a box truck would back into the loading zone. He stated that there is no parking in front of the building since there is a bus stop in front of the property. The Chair asked about the proposed operating hours for the store. Kyle McGovern responded that the store hours are from 8am to 8pm Monday to Saturday and 8am to 6pm on Sunday. The Chair stated that the public raised a good point that the traffic impacts will increase when people come home from work. There was an open discussion on the traffic and parking study. The Chair stated that the real impact is the parking. He stated that the application is not an undesirable change to the neighborhood. He stated that the site is limited in its potential uses. He stated that the substantial variance is in the required parking spaces. He stated that the traffic study doesn’t cover the peak time of parking need in the Village. Kyle McGovern responded that many local residents will walk to the property. He stated that the applicant is willing to expand the traffic study if needed. Sherry Bishko stated that the school bus issues have been satisfied. Tom Capossela stated that the proposed variance would allow getting rid of an autobody shop and construction yard and replacing it with a neighborhood supermarket. The Chair made a motion to grant the variance as requested. He stated that the application is not an undesirable change to the neighborhood. He stated that the requested variances are substantial, but that the target market, local apartment dwellers, is not going to require parking since they will be walking to the property. Linda Moiron requested that the hours as stated should be noted. The Chair disagreed. Sherry Bishko also disagreed with limiting the hours of operation. The application was unanimously approved by a 6-0 vote. 3) Minutes for November 2011 and January and April 2012 - The minutes for the November 2011, January and April 2012 meetings will be reviewed at the next meeting. Adjourned 9:00 pm. Zoning Board of Appeals Meeting, May 16, 2012 ‐APPROVED � 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_2012-05-16 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