https://sleepyhollow.localarchives.org/files/original/239daf5eac849746c22eecbb11ffccb8.pdf e1844c34e9bfb660a0b010765f4ecf63 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 16, 2022 Chairman Craig Lis called the meeting to order at 7:05 pm. Present: Craig Lis, Acting Chairman Gorete Crowe Thomas Chang Margaret Rubick Sandra Tripp Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Timothy Church, Chairman Agenda: 1) Maria Martins, 11 Kendall Avenue, Appeal and Interpretation of the Building Inspectors determination that the proposed application for the development at 135 Beekman Avenue complies with the Zoning Code- Withdrawn 2) George Gerlanc and Sonia Kazazis, 11 Tappan Avenue, Interpretation /Appeal, Legalization of a basement dwelling and a three-family residence 3) Approval of minutes, September 21, 2022 1. Maria Martins, 11 Kendall Avenue, Appeal and Interpretation of the Building Inspectors determination that the proposed application for the development at 135 Beekman Avenue complies with the Zoning Code- Public hearing, withdrawn Chairman Lis stated that the applicant has requested to withdraw the application. 2. George Gerlanc and Sonia Kazazis, 11 Tappan Avenue, Interpretation/Appeal, Legalization of a basement dwelling and a three-family residence- Public hearing Chairman Lis read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the mailing receipts have been received. Sean McCarthy stated that the mailing receipts were received. Chairman Lis invited the applicant to present the application. 1 (ZBA 11/16/2022) �Maximillian Mahalek stated that he is an associate of Cuddy + Feder, LLP speaking on behalf of the applicant. Mr. Mahalek stated that 11 Tappan Avenue contains three living units and it is a common use in the Webber Park neighborhood. Mr. Mahalek stated that the submission lists many homes in the area that have more than two dwelling units The Applicants were informed that there was not a permit on file for the basement dwelling unit. Mr. Mahalek stated that the application proposes three requests; that the existing basement dwelling unit be grandfathered as an existing legal non-conforming use; in the alternative, the Applicants are requesting that an area variance is required instead of a use variance to permit the increase in density, in a second alternative; the Applicants are requesting a use variance. Mr. Mahalek stated that similar criteria relate to both alternative requests. Allowing the existing use of the basement apartment would not cause impact to the character of the neighborhood because there would not be any change to the environmental or physical conditions. Removing the basement apartment is not a feasible alternative for the Applicants. The removal of the basement unit would be a substantial financial burden on the Applicants and would diminish the return from any future rental revenues or future sale of the home by only being able to lease and or market the house as a two-family home. The hardship was not self-created. The Applicants recently inherited the home and the Applicants’ family has been paying taxes as a three-family dwelling for as long as they can remember. George Gerlanc stated he is the owner of 11 Tappan Avenue and stated that he and his sister became the owners of 11 Tappan Avenue when their parents passed away in 2021. Mr. Gerlanc stated that his parents first rented the first floor apartment when they married in October of 1959 and then purchased the home from William and Regina Horner in 1963. As long as his family can recall the house has contained three apartments and his earliest memory of a tenant in the basement was in 1964. The letters and documents submitted to the Board show that the apartment existed before this time. Mr. Gerlanc stated that he hopes that the letters submitted by the neighbors underscore the longevity of the use of the basement apartment for more than sixty years. Mr. Mahalek stated that they have a number of photographs of houses and real estate listings that show the common existence of three-family homes in the neighborhood. Craig Lis solicited comments from the Board. There were no questions from the Board. Motion was made to open the public hearing. Moved: Lis Seconded: Chang Vote 5-0 Chairman Lis solicited comments from the public. Sonya Munroe stated that she lives at 63 New Broadway and that she is in support of keeping 11 Tappan Avenue as a three-family house because housing in great demand in the Sleepy Hollow Webber Park area. A dwelling that has been recognized by the Village as a three-family residence where taxes and utilities were paid for as a three-family and off-street parking was provided should not be eliminated. 2 (ZBA 11/16/2022) �Correspondence was received from the following residents regarding the application: a) Ron Simcoe of 21 Tappan Avenue, dated October 1, 2022 (See Exhibit #1) b) Sonya & Pat Munroe of 63 New Broadway, dated October 3, 2022 (See Exhibit #2) c) Edie O’Reilly of 43 Bedford Road, dated October 5, 2022 (See Exhibit #3) d) Lena O’Neill, dated October 13, 2022 (See Exhibit #4) e) Thomas Capossela, of 5 Tappan Avenue, dated October 17, 2022 (See Exhibit #5) f) Eda Modesta, dated October 18, 2022 (See Exhibit #6) g) Salvatore and Maria Modica, dated October 19, 2022 (See Exhibit #7) h) Norma Zaicek of 12 Tappan Avenue, dated November 13, 2022 (See Exhibit #8) i) Sonya Munroe of 63 New Broadway, received November 14, 2022 (See Exhibit #9) Motion was made to close the public comments Moved: Lis Seconded: Tripp Vote 5-0 Sandra Tripp asked how many electrical meters are active at the residence. Mr. Gerlanc stated that there are (3) electrical meters at the residence. Chairman Lis requested that the Board hold an executive session to seek advice from the Village Counsel at 7:30 PM The Board returned from executive session at 8:04 PM. Chairman Lis stated the based on the amount of information received, the Board suggests that they keep the public hearing open until next month and encourage the Applicants to meet with Sean E. McCarthy, the Village Architect. Mr. Lis stated that the Board is seeking more proof to show that that the basement apartment is a pre-existing non-conforming dwelling unit. The Village has documentation that conflicts with what they presented. Mr. Mahalek asked Chairman Lis when the alternative requests for an area variance would come into play. Joshua Subin, the Village Attorney, stated that if the facts establish a prior non-conforming use, then the Board would not have to address the need for a variance. Mr. Mahalek stated that he would set up a meeting with Sean McCarthy. Mr. Mahalek presented a survey dated November 18, 1955 and stated that it listed the existence of the basement residence and it is believed that Mary Evans owned the home in the 1940s. Joshua Subin stated that the existence of the non-conforming basement unit must be proven from at least 1964. Mr. Mahalek presented a photograph and stated that 47 New Broadway just sold in August as a three-family home to show that the use is common in the neighborhood. 3 (ZBA 11/16/2022) �Sean McCarthy stated that the listing shows that the Village of Sleepy Hollow indicates that 47 New Broadway is a two-family residence and shows the discrepancy that the Town of Mount Pleasant has it listed as a three-family residence. Mr. McCarthy stated that he will provide the updated information to him for the properties listed in his submission. Chairman Lis stated that they hope to have all of the Board members present at the next meeting. Motion was made to adjourn the public hearing to the December 21, 2022 meeting. Moved: Lis Seconded: Crowe Vote 5-0 3. Approval of minutes- September 21, 2022 Motion was made to approve the September 21, 2022 minutes. Moved: Lis Seconded: Tripp Craig Lis, Acting Chairman - yes Margaret Rubick- yes Sandra Tripp - yes Gorete Crowe- yes Thomas Chang -yes Vote 5-0 APPROVED Motion was made to adjourn the meeting at 8:10 pm. Moved: Lis Seconded: Rubick Vote 5-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 4 (ZBA 11/16/2022) �Exhibit #1 Subject: 11 Tappan Avenue-Comments Received from 21 Tappan Avenue From: Ron Simcoe Sent: Saturday, October 1, 2022 5:26 PM To: Sean McCarthy <smccarthy@sleepyhollowny org> Subject: FW: Oct. 19, 2022 Zoning Board of Appeals Meeting Re: 11 Tappan Avenue Property RECEIVED OC1 O 3 2022 BUILDING DEPT, LLOW VILLAGE OF SLEEPY HO To Whom It May Concern: I am the owner and resident of a single family home next-door to this property. The property has continuously been occupied as a three family dwelling since I bought my home in the Village in 1987. I have personally known the property owners, who lived at the property, and all their tenants during that period. Over the years, I often visited both the owners and their tenants in their residences. Following numerous conversations with the tenants and my physical observations of their residences, I formed the opinion that the property has always been very well maintained. Thus, from my perspective, the property can readily continue to accommodate three families. Sincerely, Ronald L. Simcoe 21 Tappan Avenue 914-4185114 �Exhibit #2 Subject: 10-3-22 Comments Recei ved Re: 11 Tappan from 63 New Broadway RECEIVED From: Sonya Munroe Sent: Monday, October 3, 2022 8:26 PM To: Sean McCarthy <smccarthy@sleepyhollowny org> Subject: 11 Tappan Ave is a 3-family dwelling OCT O 3 2022 BUILDING DEPT. LOW VILLAGE OF SLEEPY HOL Dear Sean, We have owned 63 New Broadway since 1969. For decades before that, we were friends of Carl & Francesca Gerlanc, the late owners of 11 Tappan Avenue, where we often visited them. The Gerlancs were paying taxes and utilities on a 3-family residence the entire time. All the while they lived there, we knew it to be a three-family residence, well suited for that and well cared for. It is among the best maintained 3-family homes in Webber Park. The Village should regard it as a three-family residence. Please notify us if you view this differently. Sincerely, Sonya & Pat Munroe c: Tim Church �Exhibit #3 Subject: 11 Tappan Comments Received from 43 Bedford Road From: Edie O'reilly Sent: Wednesday, October 5, 2022 8:51 PM To: Sean McCarthy <smccarthy@sleepyhollowny org> Subject: 11 Tappan Ave, Sleepy Hollow Hello Mr. McCarthy - RECEIVED OCT O 6 2022 BUILDING DEPT, HOLLOW VILLAGE OF SLEEPY My family has lived at 43 Bedford Rd, Sleepy Hollow for over 50 years. I would like you to know that I am in support of the Applicant's request to legalize the third dwelling unit at 11 Tappan Ave, Sleepy Hollow. The unit has been there for as long as I can remember and is consistent with the character of neighborhood. This unit has had no negative impact and its continued use will not impact the community. The Gerlancs have been and continue to be responsible property owners and dedicated to upholding the character of the neighborhood. Thank you for your time and consideration. Edie O'Reilly �Exhibit #4 RECEIVED OCT 1) 2022 BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW From: Lena O'Neill <lena.oneill@randrealty.com> Sent: Thursday, October 13, 2022 9:32 AM To: Sean McCarthy Subject: 11 Tappan ave ****[CAUTION: This email originated from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe.]**** Re: 11 Tappan Ave To whom it may concern. I'm related to the owners of 11 Tappan ave and also own a home on New broadway and as long as I remember this home has always been a 3 family. My Uncle and Aunt have always had great pride in their home and have always kept the home in pristine condition. I'm a real estate agent since 1986 and do strongly feel that this home can accommodate 3 familys. 2011 Ft•lurt'd Top Ager ToPAGEI ■ RAND REALTY c/lr.mrJ et£1y.,1;,,rt1c,r HOWARD HANNA l.1•11a O 1·111 I Inward 11,urna Rand ri.:alty 654 Columbus Avenue Thornwood NY 10594 Cell orText 914 391 379 www.lenaoneill.randrealty.com AWARD-WINNING Real EslateSales Person �Exhibit #5 RECEIVED OCT 1 7 2022 Subject: Date: 11 Tappan Avenue - Comment /Complaint Received from 5 Tappan Avenue Monday, October 17, 2022 BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW -----Original Message----­ From: Thomas Capossela Sent: Monday. October 17, 2022 12 :54 PM To: Scan McCatthy <smccarthy@slccpyhollowny.org> Subject: 11 Tappan ave covered patio Mr McCarthy and building Dept. I am the property owner at 5 Tappan ave. My property abuts I I Tappan ave on the cast side. My concern is the covered patio which is on the north east corner of the property directly on the property line with no set back where a set back is required by the village code . The patio is covered with a wooden structure and has a natural gas line running to a grill from the house. There is ample room on this property for a legal patio with proper setbacks in compliance with the village code to be built. I am respectfully asking the Building depa11ment to look at this non conforming illegal structure abutting my property and have it moved to a compliant location with the proper setbacks or removed altogether. Thank you. Tommy Capossela Sent from my iPad �Exhibit #6 RECEIVED OCT 1 8 2022 BUILDING DEPT, HOLLOW VILLAGE OF SLEEPY From: Eda Modesta Sent: Tuesday. October 18, 2022 11:56 AM To: Scan McCarthy <smccar1hy@sleepyhollowny.org>; smccarthy@slccpyhollow.org Subject: 11 Tappan Ave. Sleepy Hollow NY Dear Mr. McCarthy. I am writing in support of the application seeking to continue 11 Tappan Avenue as a three-family dwelling. I am very familiar with the house as it was owned and lived in by my aunt and uncle for decades and I grew up spending much time there. I am now 70 years old and my earliest recollection of the house for over 60 years was that it was always a three family dwelling. I currently own 127 New Broadway which is a block H\\·ay from I I Tappan Avenue. In my opinion 11 Tappan Avenue is an asset to the neighborhood. It is a lovely building beautifully maintained which fits in well within the neighborhood. There is more than adequate parking on the property for three apartments meaning that on-street parking is not. and will not be. burdened. For at least 60 years-and no doubt many decades earlier-I I Tappan /\venue has been a good neighbor to its community as a three-family dwelling. I have no doubt that given your approval it will continue lo be so for many decades to come. Thank you for allowing me to express my opinion. Sincerely. Eda Modesta �Exhibit #7 October 19, 2022 Mr. Timothy Church, Chairperson and Members of the Zoning Board of Appeals Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: RECEIVED OCT 2 4 2022 BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW Gerlanc Residence -Application to ZBA 11 Tappan Avenue, Sleepy Hollow, New York Section 115.7 Block 2, Lot 6 Dear Chai rperson Church and Members of the Z.B.A.: I am a neighbor of the Gerlanc property, and I reside at 27 Anderson Avenue, Sleepy Hollow NY 10591. I have lived at my address for 42 years. I would like you to know that I am in support of the Applicant's request to legalize the third dwelling unit on the premises, as it has been in existence for as long as I can recall and is in line with the character of neighborhood. This unit has had no negative impact and its continued use wi11 not impact our community. The Gerlanc's are responsible property owners and dedicated to upholding the character of our neighborhood. Sincerely, Salvatore and Maria Modica 27 Anderson Ave, Sleepy Hollow NY, 10591 Name and address �Exhibit #8 RECEIVED NOV 1 4 2022 To the Sleepy Hollow Village Zoning Board of Appeals/Building Department: BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW My name is Norma Zaicek. I reside at 12 Tappan Ave. I have lived in the Webber Park neighborhood from June 1957 until I married in April of 1961, and then again from 1996 after I inherited the home upon the death of my mother. I can recall the basement residence at 11 Tappan Avenue being utilized throughout all those times. This has been in constant use and has not created a nuisance for the neighborhood. This type of accessory use is common throughout the neighborhood. Name: Norma Zaicek Notary: 6. A MUNROE NOTARY PUBLIC, STATE OF NEW YORK Registration No. OIMU48f6456 Qualified in Wew:hesttr County Commission Expires April 30, 20� �Exhibit #9 RECEIVED NOV 1 4 2022 To the Sleepy Hollow Village Zoning Board of Appeals/Building Department: BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW My name is Sonya Munroe. I reside at 63 New Broadway in Sleepy Hollow. I have resided in the Webber Park neighborhood since 1963. I can recall the basement residence at 11 Tappan Avenue being utilized since 1959 when we first visited the Gerlancs there. This has been a constant use and has not created a nuisance for the neighborhood. T his type of accessory use is common throughout the neighborhood. Name: Notary: Sworn to me this day. � 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-2022 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_2022-11-16_ Approved Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2022 Date A point or period of time associated with an event in the lifecycle of the resource 2022 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