Zoning Board of Appeals
Regular Meeting
June 24, 2014
7:30 p.m.
The Regular Meeting of the Zoning Board of Appeals of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York on the 24th of June 2014 commencing at 7:30 p.m.
Present
Christopher Bogart, Chairman
Michael Gioscia, Member
John O’Leary, Member
Also Present
David Turiano, Building Inspector
Christine Dennett, Village Clerk
Absent
Nicholas Moraglia, Member
V-3-2014 - Orce 455 Sleepy Hollow Road
A variance was requested because an application for a building permit to construct an addition and alteration to a detached garage at an existing single family dwelling was denied due to nonconformity with Column 9A One Side Yard Minimum Yard Dimension and Column 18 Maximum Height of an Accessory Building of the Code of the Village of Briarcliff Manor.
DISCUSSION:
Mr. Ken Orce, Owner of 455 Sleepy Hollow Road stated he was requesting a variance to tear down and rebuild a detached garage.
Chairman Bogart stated the plans were modified since the submission to reduce the size of the building by two feet.
Mr. Orce stated they reduced the width of the building from 41 feet to 39 feet.
Building Inspector Turiano stated the setback as proposed was 15 feet, 6 inches and was now proposed to be 18 feet, 6 inches and with the reduction of the building size it would increase further to 20 feet.
Chairman Bogart stated the orientation of the building was being changed.
Mr. Orce stated the wanted the doors to face the road instead of the interior of the property and the current building was over 60 years old and in need of repair. He stated it would be cheaper and easier to tear it down and in the process make the building more useful to him and his family and the deck would face the interior of the property.
Chairman Bogart stated that the visual mass was increasing significantly to the neighbor on the left side.
Mr. Orce stated it would be four feet longer on the property line.
Member Gioscia stated it was also 4.3 feet higher at the peak too.
Mr. Orce stated the main height of the structure was the same.
Chairman Bogart stated the applicant had the burden of convincing the Board why a larger structure was needed and desirable for the neighborhood.
Mr. Orce stated the current garage doors were too small and orienting towards the street allowed parking without maneuvering. He stated the current structure was in serious disrepair and was being used as storage. He further stated they wanted to use the upper area as a studio and would be a value to the property. He stated the proposed total GFA on the site was significantly less than what the property allowed.
Chairman Bogart noted the variance was only needed for the setback and the applicant could build a larger structure elsewhere on the site without a variance.
Mr. Orce stated the property went straight back and they would be able to access it without digging up the site and infringe on the septic field. He further stated they wanted to preserver the mature trees.
Member O’Leary asked why electricity and plumbing would be installed.
Mr. Orce stated his wife would use the space as an art studio and the plumbing was for a bathroom only.
Building Inspector Turiano stated there was legislation before the Board of Trustees to allow for livable space in accessory buildings that are currently non-conforming. He further stated there were a lot of older properties that have them, and if it’s there and meets the requirements it would be conforming.
PUBLIC COMMENTS:
Ms. Hillary Messer of 441 Sleepy Hollow Road stated she expressed her concerns to the neighbor and the structure was visible during the winter. She stated she was concerned about the trees and she was happy to have a better looking structure there and that it was moving five feet further from her property. She asked how many trees needed to be planted to comply with the Mandatory Tree Planting Plan.
Building Inspector Turiano stated seven trees would be planted at minimum.
Ms. Messer requested the trees be planted behind the structure to buffer the view and stated she hoped the space couldn’t be used as a rental but supported the application if it was going to be used as a studio.
Building Inspector Turiano stated the applicant would have to come back before the Board if they wanted to change the use of the space.
Chairman Bogart stated there wasn’t a kitchen proposed and couldn’t be installed without future approval.
Upon motion by Member O’Leary, seconded by Member Gioscia, the Board voted unanimously to close the public hearing.
DECISION:
Member O’Leary stated moving the structure to preserve the large oak tree was a positive and the structure would be more attractive than the existing. He stated the GFA was much less than what was allowed for the site and the majority of the seven trees should be planted to buffer the view from the neighbor. He stated he supported the application as long as there was no living quarters.
Member Gioscia stated he supported the revised application.
Chairman Bogart stated it was a beautification variance and could be clearly avoided by relocating the structure but he was mindful of the fact that the applicant could leave an unsightly structure. He stated the trees should be planted between the structure and the neighbor’s property line and if any of the mature trees die, they should be replaced.
Upon motion by Member Gioscia, seconded by Member O’Leary, the Board voted unanimously to grant the variance with the condition of planting the trees to buffer the view of the structure from the neighbor.
MINUTES
Upon motion my Member Gioscia, seconded by Member O’Leary, the minutes of the April 1, 2014 meeting were approved.
ADJOURNMENT
Upon motion by Member O’Leary, seconded by Member Gioscia the Board voted unanimously to adjourn the meeting at 8:00p.m.
Respectfully submitted by,
| 