Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
February 11, 2008 8 p.m.
PRESENT: Chairwoman Lawrence; Members Jolly, Maloney; Alternate Member
Merrill-Verma; Counsel Shumejda; Building Inspector/Engineer McGarvey;
Secretary D’Eufemia
ABSENT: Members Brown, James
APPROVAL OF MINUTES
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the minutes of January 14, 2008, be approved as submitted.
CONTINUATION OF PUBLIC HEARING – STRAUCH – 99 DEERTRACK LANE
Chairwoman Lawrence noted several Board members visited the property yesterday. The proposed area of the addition and the property line had been staked out.
Mr. Maloney questioned whether there has been any communication with Mr. Kasoff, the next door neighbor who addressed the Board last month. Mrs. Strauch stated they have not seen him. Board members noted since the property was staked, it was easy for anyone to see the area of the proposed addition.
Upon inquiry, Mr. Manuel Quezada, architect, stated it may be necessary to remove an 8-inch diameter tree, and if that happens, they will replace that tree. They are attempting to save the rhododendron. If that becomes a problem, they will transplant it.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter. No one appeared.
Chairwoman Lawrence reported receipt of the following memo dated January 14, 2008, from Kathleen D’Eufemia, Designated Environmental Review Officer:
“Strauch – 99 Deertrack Lane - I have reviewed this application to remove and replace a one-car garage and deck with new garage and deck and determined the proposal appears to pose no significant adverse environmental impact. Should the Board agree, you may make a negative declaration under SEQRA.”
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the Board determines there will be no significant adverse environmental impact as a result of granting the requested variances for 99 Deertrack Lane.
Mr. Jolly moved, seconded by Mr. Maloney, and unanimously carried, that the hearing be closed and the Board having arrived at the Findings required by the ordinance:
1.That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the neighborhood
2.That the proposed variance will not create an undesirable change to the neighborhood or detriment to the neighborhood
3.That the benefit the applicant seeks to achieve cannot be achieved by any other feasible method
4.That the variance is not substantial in the Board’s judgment
5.That the variance would not have an adverse environmental impact on the
neighborhood
6. That the variance is the minimum one deemed necessary and will preserve and
protect the character of the neighborhood and the health, safety and
welfare of the community
grants the following variances for 99 Deertrack Lane
1. Increase in the degree of existing non-conformities: (§305-18A(1))
A. Minimum lot width required is 100 ft. and 57 ft. exists
B. Minimum street frontage is required to be 100 ft. and 89 ft. exists
C. Minimum single side yard required is 12 ft. and 11.7 ft. exists
D. Minimum two side yards required is 26 ft. and 22.4 ft. exists
E. Maximum gross floor area (F.A.R.) permitted is .35 and .376 exists
2. Minimum single side yard required is 12 ft. and 6.42 ft. is proposed (§305-9)
3. Minimum two side yards required is 26 ft. and 18.92 ft. is proposed (§305-9)
4. Maximum gross floor area (F.A.R.) permitted is .35 and .385 is proposed.
(§305-9)
subject to:
1. Approval of plans by the Building Inspector
2. Approval of plans by the Architectural Review Board
3. Obtaining a building permit for the project within two years.
ADJOURNMENT
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the meeting be adjourned – 8:10 p.m.
Kathleen D’Eufemia
Secretary
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