https://sleepyhollow.localarchives.org/files/original/fbb98c86d64203d8fdc57fd930e2a7bd.pdf c79ae5d30650ea2e50ef0467d9755475 PDF Text Text RESOLUTION Adopted at the October 21,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Interpretation/Appeal PROPOSED: Appeal of Building Inspectors denial to issue a certificate of occupancy for a three-family residence LOCATION: 123 New Broadway TAX MAP DESIGNATION: Section 115.7, Block 3, Lot 38 ZONING DISTRICT: R-4 WHEREAS, on September 15, 2020 an application was submitted by Ms. Rose Venditti, Executrix of the Estate of Maria Cuadrado (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") to appeal the Building Inspector's denial of a certificate of occupancy for a threefamily residence (the "Application") pursuant to Chapter 450, Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicants are seeking an appeal from Article XII, Section 450-80.B.(2) of the Zoning Code, Powers and Duties, alleging that the Building Inspector is in error in his refusal to grant a certificate of occupancy for a three-family residence; and WHEREAS, the ZBA held a duly noticed public hearing on October 21,2020 to hear and consider the application; and WHEREAS, the ZBA has reviewed the following documents submitted by the applicant for consideration as well as the oral presentations to the ZBA: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Zoning Board of Appeals application fee Zoning Board of Appeals escrow deposit Denial letter from the Building Department, dated September 8, 2020 Zoning Board of Appeals application Parts 1-4 signed by Mr. Rose Venditti, Executor Zoning Compliance Form, signed by Jorge B. Hernandez, R.A, dated September 11, 2020 Short Environmental Assessment Form Part-1 Project information, signed by Jorge B. Hernandez, R.A, dated September 11, 2020 Letter prepared by David E. Venditti, Esq., Partner of Gaines, Novick, Ponzini, Cossu & Venditti, LLP, dated September 14, 2020 Property deed recorded August 27,1979 Survey of property prepared by Edward J. Martin Jr., dated April 3,1951 Photograph of existing conditions Tax parcel map Page 1 of 4 �12. Form letter, signed by Victor R. Page, Building Inspector, dated June 19,1979 13. Certificate of Occupancy No. 423 issued to G. Girardina by the Building Department of North Tarrytown, NY, dated July 9,1979 14. Ledger page 139 recording that a Certificate of Occupancy #423 was issued to G. Girardina in July of 1979 15. Form letter dated September 8,1980 (not signed) 16. Town of Mount Pleasant Property Record Card 17. Village of North Tarrytown Property Card 18. Inspection letter sent to Mr. Roque Cuadrado dated December 22,1977, signed by James T. Margotta, Building Inspector including inspection results prepared by Gary McLean, CEO 19. Letter to Superior Data dated November 5, 2019 20. 2017 Final Village Assessment Roll dated January 1, 2017 21. Village of Sleepy Hollow 2016 tax payment receipt 22. Village of Sleepy Hollow 2018 tax statement 23. State of New York Department of State variance determination decision dated August 19, 2020 WHEREAS, testimony was received from David E. Venditti, Esq., Partner of Gaines, Novick, Ponzini, Cossu & Venditti, LLP, who presented the application on behalf of the Applicant, and stated that they are seeking an appeal for the denial issued by Building Inspector to issue a certificate of occupancy for the building as a three-family residence. Mr. Venditti stated that the Certificate of Occupancy No. 423 was issued on July 9,1979 and signed by Building Inspector Page under the authority of the Village of North Tarrytown is a legal document which stated the property is a three-family non-conforming building and may continue as such. Mr. Venditti provided tax records, receipts, tax assessment roles, building permits, and property cards that indicate that the property has been a consistent three-family residence and; WHEREAS, testimony was received from Clinton Smith, the Village Attorney stating that New York Village Law says specifically that the Zoning Board of Appeals has the authority to hear the appeal application and to affirm or overrule a decision from the Building Department and has all powers of the administrative office from whose order, requirement, decision, interpretation or determination the appeal is taken. The Zoning Board of Appeals has the authority to hear the appeal and the authority to issue a decision superceding the Building Departments' decision and; WHEREAS, testimony was received from Building Inspector Sean McCarthy stating that efforts were made by the Building Department to find any and all records to indicate measures were taken to legalize a three-family residence occupancy prior to 1979. There are no records showing approval from the Zoning Board of Appeals for a three-family use variance. A conversion to a three-family residence would have been required to comply with the 1952 Multiple Residence Law and the current basement apartment lacks several building code requirements that would have been required by the Law. The Code of the Village of Sleepy Hollow and the New York Village Law allows for the revocation or suspension of certificates and specifically that if the Building Inspector determines that a certificate of occupancy/certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Page 2 of 4 �Inspector, then the Building Inspector shall revoke or suspend such certificate. There are no records showing approval from the Zoning Board of Appeals for a three-family use variance; and WHEREAS, testimony was received from Robert Ponzini, an attorney from Gaines, Novick, Ponzini, Cossu & Venditti LLP stating that he disagrees with the decision from the Building Inspector Sean McCarthy and that an official document from a municipality should be given a high degree of respect for evidence. Mr. Ponzini referenced a doctrine from New York Law and stated that Laches says that when something is done for a long period of time, you can't put the burden on another person based on failure to enforce it and; BE IT RESOLVED, after due consideration the ZBA makes the following determination: 1. The Zoning Board of Appeals and the Building Inspector have the ability to review the propriety of prior certificates of occupancy. 2. There is a Village ledger book that indicates that the building was built in 1928-1929 as a twofamily residence. 3. Exhausted searches of the Building Department records, the Village ledger books and the Zoning Board of Appeals minutes and decisions from 1929 to 1952 revealed that no actions were taken to convert the building from a two-family to a three-family residence. 4. The Certificate of Occupancy document submitted by the applicant dated July 9,1979 stated that the certificate covers the enclosed rear porches. The other letters submitted are not proof that steps were taken to convert the building into a three-family home. 5. There is a precedent of rejection from a prior application in which the Zoning Board of Appeals rejected an appeal for the refusal from the Building Inspector to issue a certificate of occupancy for a four-family residence where the Village records did not reveal it was a legal four-family residence. 6. The Building Inspector does not have the authority to override the Zoning Code. The decision made by the Building Inspector in refusing to re issue a certificate of occupancy issue in error was within his proper exercise of discretion. Page 3 of 4 �BE IT FURTHER RESOLVED, that the interpretation/appeal requested by the Applicant was denied and will remain in effect until amended, repealed or otherwise changed, in whole or in part, by the Village of Sleepy Hollow and; BE IT FURTHER RESOLVED, the Applicants may obtain the endorsed approval of the ZBA Chairman on a copy of this resolution. ZONING BOARD OF APPEALS Date Tirrtgthy Church, Chairman , ^—the undersigned Clerk/Deputy Clerk, do hereby certify that the foregoing is a copy of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Sleepy Hollow, on the j I day of 20, V and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zon[ng held on said date IN WITNESS WHEREOF, I have hereunto set my hand and offjcia^seaj) thisj^2__day of M C d r r J ^ 20 U Jlerk/DeputyClerk 7 Page 4 of 4 � 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-2020 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_2020-10-21_123-New-Broadway-Approved-Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 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