Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
July 14, 2008 8 p.m.
PRESENT: Chairwoman Lawrence; Members Brown, Jolly, Maloney, Merrill-Verma;
Counsel Shumejda
APPROVAL OF MINUTES
Mr. Jolly moved, seconded by Ms. Merrill-Verma, that the minutes of May 12, 2008, be approved as submitted. Chairwoman Lawrence abstained; all others assented. Motion carried.
Ms. Merrill-Verma moved, seconded by Ms. Brown, that the minutes of June 9, 2008, be approved as submitted. Messrs. Jolly and Maloney abstained. All others assented. Motion carried.
CONTINUATION OF PUBLIC HEARING – DECECCHIS – 181 SOUTH BROADWAY
Chairwoman Lawrence reported receipt of the following memo dated July 14, 2008, from Michael Blau, Environmental Review Officer:
“DeCecchis – 181 South Broadway - This application is to amend previously granted use variance to allow a portion of first floor for real estate offices in a residential zone. The proposed amendment would allow office use for real estate property management, mortgage broker, attorney, and insurance broker and to use the entire first floor for such use. The Planning Board reviewed the application for an amendment to the site plan and determined the proposed amendment posed no significant adverse environmental impacts. I would concur the proposed amendment would pose no significant adverse environmental impacts to the use variance based on the same conditions imposed by the Planning Board – (1) approval by the Building Inspector; (2) no more than six employees will use the office
space and the seven parking spaces available for the commercial use during the day time. Fourteen parking spaces are required by the Zoning Code; seven spaces are required on site. The Zoning Board should require seven additional spaces be land banked to be utilized at a future time should the Planning Board and/or the Zoning Board determine it necessary. These spaces would be provided on the existing lawn area of the site. Their exact location as well as needed screening for these spaces would be approved by the Planning Board; (3) approval by the Architectural Review Board for any signage proposed.”
Mr. Mark Constantine appeared on behalf of Richard Blancato, attorney for the applicant, who could not be present this evening. Mr. Constantine stated the application has been before the Board for several months. They now have received approval from the Planning Board and tonight they are asking for approval of the variance with any conditions the Board might wish to impose. He noted that although there are more categories for business operations, in terms of personnel there will be a maximum of six employees at any time. That is a substantial decrease from when Prudential Realty operated at this location. He stated they would agree to land banking parking spaces, and they submitted a drawing showing a general location for parking on the premises should it ever be deemed necessary.
They feel, however, there is reasonable parking on the premises based on the agreement with the residential tenants and business tenants.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter.
Mr. Mario Mosca, Church Street, questioned how many apartments are in this building. Chairwoman Lawrence stated there are three and there are seven parking spaces. The business uses the parking during the day and the tenants use the parking in the evening.
Mr. Anthony Fracaroli, Independence Street, stated he felt this space should go back to residential. He felt the business use has taken value away from his home. He also expressed concern about signage. Chairwoman Lawrence stated signage would have to be approved by the Architectural Review Board. That Board regulates size, lighting, etc.
Ms. Brown stated the question of whether this should be commercial is not an issue. The Board is only reviewing a modification to a permanent variance that exists.
Mr. Fracaroli stated all the traffic for this building comes in and out on Broadway and it is a difficult location. Chairwoman Lawrence stated for the last 25 years a lot of brokers have been coming in and out of this location. With the proposed amendment there will only be six employees at any one time so there should be less traffic accessing the property.
Mr. Fracaroli stated he was concerned that in the future there could be more than six employees. Counsel Shumejda stated a complaint could be filed with the Building Department and an inspection would result or the Board could condition approval on an annual unannounced inspection of the property by the Building Department.
Mr. Fracaroli stated he was also concerned that additional businesses would go into these offices in the future. Mr. Constantine stated any additional uses would require a new application to the Planning Board and Zoning Board, just as they are doing with this application. Counsel Shumejda stated only the four categories listed in this application will be allowed to operate.
Mr. Mosca stated in the back of the property there is a turnaround. He questioned whether that would remain. Mr. Constantine stated it would and it is not counted as one of the seven parking spaces.
Upon inquiry from Mr. Fracaroli, Mr. Constantine stated there is no apartment in the basement.
Mr. Constantine stated he believed the applicant has met the requirements and they will act in compliance with any conditions and he requested the Board look favorably upon the application this evening.
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the Board determines there will be no significant adverse environmental impacts posed by the granting of the requested variance.
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the hearing be closed and the Board having arrived at the findings required by the ordinance:
1. Under the applicable zoning regulations, the applicant is deprived of all reasonable economic use or benefit from the property in question, which deprivation has been established by competent financial evidence
2. The hardship relating to the property is unique and does not apply to a substantial portion of the neighborhood
3. The requested use variance will not alter the essential character of the neighborhood
4. The hardship has not been self-created.
approves the amendment of the use variance for the change of occupancy from real estate broker’s offices to real estate broker, attorney, insurance, real property management and mortgage broker for the entire first floor, subject to:
1. Approval by the Building Inspector
2. No more than six employees will use the office space, and the seven parking spaces on site are available for the commercial use during the day time. Fourteen parking spaces are required by the Zoning Code; seven spaces are currently provided on site. The Planning Board requires seven additional spaces be land banked to be utilized at any future time the Board determines necessary. These spaces would be provided on the existing lawn area of the site. Their exact location as well as needed screening for these spaces would be approved by the Planning Board.
3. Approval by the Architectural Review Board for any signage proposed.
4. That there be an unannounced inspection of the property by the Building Department on an annual basis.
PUBLIC HEARING – ZIMKA – 14 CROTON AVENUE
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of Tarrytown will hold a public hearing at 8:00 p.m. on Monday, July 14, 2008, in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Ms. Patricia Zimka
14 Croton Avenue
Tarrytown, New York 10591
for renewal of a variance from the Zoning Code of the Village of Tarrytown for property located at the above address to permit the continuation of three-family use in an M-2 zone requiring the following variances:
1. 7-1/2 off street parking spaces are required and 2 are provided (§305-19)
2. Apartments are required to be 750 sq. ft. and one apartment is 488 sq. ft. and another apartment is 530 sq. ft.
Documents are available for inspection in the Planning and Zoning Office at Tarrytown Village Hall. The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 8, Block 28, Lots 27 and 29 and is located in an M-2 (Multi-Family) zone.
All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
The Certified Mailing Receipts were submitted.
Board members visited the property.
Chairwoman Lawrence reported receipt of the following memo dated July 14, 2008, from Michael Blau, Environmental Review Officer:
“Zimka – 14 Croton Avenue - This application is to renew variances for parking and apartment size. The variances have existed many years, and the Village has received no complaints about this property.
It would be my determination that the renewal of these variances would pose no significant adverse environmental impact, subject to existing conditions continuing.”
Ms. Patricia Zimka stated the house has been a three-family since 1947. Currently three people live in the building. She has one apartment; her cousin lives in another apartment; and a single teacher lives in the third apartment.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Jolly noted this property has a two-car garage so only one car parks on the street.
Chairwoman Lawrence reported receipt of the following memo dated July 2, 2008, from Louis Tucci, Code Enforcement Officer:
“Ms. Patricia Zimka – 14 Croton Avenue – An inspection of the premises was conducted on July 2, 2008, with Ms. Zimka. Inspection reveals that all items are in order for continuing the variance. All three apartments have one tenant each.”
Ms. Brown moved, seconded by Mr. Maloney, and unanimously carried, that the Board determines there will be no significant adverse environmental impacts as a result of renewal of this variance.
Ms. Brown 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
Renews the variance for a five-year term on the condition that each of the second floor apartments be limited to two person occupancy.
PUBLIC HEARING – VOLPACCHIO – 42 WILDEY STREET
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of Tarrytown will hold a public hearing at 8:00 p.m. on Monday, July 14, 2008, in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Dr. Fred Volpacchio and Elisa Volpacchio
42 Wildey Street
Tarrytown, New York 10591
for renewal of a variance from the Zoning Code of the Village of Tarrytown for property located at the above address to permit the continuation of the operation of a dentist’s office with no off-street parking requiring the following variances:
1. Four off-street parking spaces are required for the dental office and 2-1/2 spaces are required for the residential use and no off-street parking is provided. (§305-19)
2. Use variance to permit a dentist’s office in an M-1.5 (multi-family) zone. (§305-9)
Documents are available for inspection in the Planning and Zoning Office at Tarrytown Village Hall. The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 6, Block 20, Lot 9 and is located in an M-1.5 (Multi-Family) zone.
All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
The Certified Mailing Receipts were submitted.
Board members visited the property.
Chairwoman Lawrence reported receipt of the following memo dated July 14, 2008, from Michael Blau, Environmental Review Officer:
“Volpacchio – 42 Wildey Street - This application is to renew variances to permit a dentist’s office in a multi-family zone with no offstreet parking. The variances have existed many years, and the Village has received no complaints about this property.”
Chairwoman Lawrence reported receipt of the following memo dated July 2, 2008, from Louis Tucci, Code Enforcement Officer:
“Dr. Fred Vo;pacchio – 42 Wildey Street – An inspection of the premises was conducted on July 2, 2008, with Dr. Vo;pacchio’s receptionist. The doctor’s office remains the same with one person living in the apartment above. Dr. Volpacchio stated he continues to rent the parking spaces as required, per our phone conversation.”
Dr. Volpacchio stated the practice has been there since 1987. In the evening there are no cars on the street from the business since it is closed. He stated in addition to himself, he has a receptionist. Currently he has had an associate because he has been out of work following surgery.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Maloney moved, seconded by Ms. Brown, and unanimously carried, that the Board determines the renewal of the variance will result in no significant adverse environmental impacts.
Mr. Maloney moved, seconded by Ms. Brown, and unanimously carried, that the hearing be closed, and the Board having arrived at the findings required for a use variance:
1. Under the applicable zoning regulations, the applicant is deprived of all reasonable economic use or benefit from the property in question, which deprivation has been established by competent financial evidence
2. The hardship relating to the property is unique and does not apply to a substantial portion of the neighborhood
3. The requested use variance will not alter the essential character of the neighborhood
4. The hardship has not been self-created.
Therefore, grants the requested variances for a period of five years subject to the doctor maintaining at least three off street parking spaces and the second floor apartment being occupied by a family member.
PUBLIC HEARING – SAMOYEDNY – 73 IRVING AVENUE
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of Tarrytown will hold a public hearing at 8:00 p.m. on Monday, July 14, 2008, in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
John Samoyedny
73 Irving Avenue
Tarrytown, New York 10591
for renewal of a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding the continuation of two-family use of the property in an R-20 zone requiring the following variances:
1. Two-family use of the property in a one-family zone. (§305-9)
2. Use of the basement apartment with an area of 427 sq. ft. instead of the required 1,500 sq. ft. (§305-9)
3. Ceilings in the basement apartment are seven (7) ft. instead of the required eight (8) ft. (§305-63)
Documents are available for inspection in the Planning and Zoning Office at Tarrytown Village Hall. The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 12, Parcel 81B and is located in an R-20 (Single-Family) zone.
All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
The Certified Mailing Receipts were submitted.
Chairwoman Lawrence reported receipt of the following memo dated July 14, 2008, from Michael Blau, Environmental Review Officer:
“Samoyedny – 73 Irving Avenue - This application is to renew variances to allow two family of a house in a single-family zone with one apartment having insufficient apartment size and ceiling height. The variances have existed many years, and the Village has received no complaints about this property.
It would be my determination that the renewal of these variances would pose no significant adverse environmental impact, subject to existing conditions continuing.”
Chairwoman Lawrence reported receipt of the following memo dated July 2, 2008, from Louis Tucci, Code Enforcement Officer:
“John Samoyedny – 73 Irving Avenue – An inspection of the premises was conducted on July 2, 2008, with Mr. Samoyedny. The physical layout of the apartment remains the same. Owner stated the current tenant lives alone in the apartment as required by the variance.”
Mr. John Samoyedny stated the substandard size apartment is basement level. One single gentleman, an attorney, lives there and he was living there five years ago. Mr. Samoyedny stated he resides in the house with his two children. He requested the variance be made permanent. Chairwoman Lawrence stated the Board believes in the renewal because conditions can change with time.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter. No one appeared.
Ms. Brown moved, seconded by Mr. Maloney, and unanimously carried, that the Board determines the renewal of this variance will result in no significant adverse environmental impact.
Ms. Brown moved, seconded by Mr. Maloney, and unanimously carried, that the Board having arrived at the findings required by the ordinance:
1. Under the applicable zoning regulations, the applicant is deprived of all reasonable economic use or benefit from the property in question, which deprivation has been established by competent financial evidence
2. The hardship relating to the property is unique and does not apply to a substantial portion of the neighborhood
3. The requested use variance will not alter the essential character of the neighborhood
4. The hardship has not been self-created.
Renews the variance for a five-year term on the condition that the basement apartment is limited to occupancy by one person.
MEETING ADJOURNED 8:30 p.m.
Kathleen D’Eufemia
Secretary
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