Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
October 13, 2009 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Brown, Jolly, Merrill Verma, Maloney; Counsel Shumejda; Assistant Village Engineer Pennella; Secretary Bellantoni
APPROVAL OF THE MINTUES – December 8, 2008 & September 14, 2009
Mr. Maloney moved, seconded by Ms. Brown, and unanimously carried, that the minutes of December 8, 2008, (regarding 54 North Broadway), be approved as submitted. Motion carried.
Mr. Jolly moved, seconded by Ms. Brown, and unanimously carried, that the minutes of September 14, 2009 be approved as submitted. Motion carried.
CONTINUATION PUBLIC HEARINGS
28 Beech Lane – Halford Residence – Application Withdrawn
Ms. Lawrence stated that Ms. Halford withdrew her application. Her letter is attached to these minutes as part of the record.
NEW PUBLIC HEARINGS
11 John Street – Juliana Aloia
The secretary read the following Notice of Public Hearing:
“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 Tuesday, October 13, 2009 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Juliana Aloia
11 John Street
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding the installation of an air conditioner condenser unit within the side yard setback requiring the following variance:
1. Obstructions in yards: (§305-47B)
a. Existing lot size is 3,600 sq. ft. where 20,000 sq. ft. is required.
b. One side yard: Required: 16 ft. / Existing: 14 in. / Proposed: 3.9 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 10, Block 35, Lot 11 and is located in an RR (Restricted Retail) 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.
By Order of the Zoning Board of Appeals”
The certified mailing receipts were submitted and the sign was posted.
Board members visited the property.
The applicant, Juliana Aloia, introduced herself and explained the situation. She and her husband are seeking a variance for an air conditioner condenser unit within their side yard setback.
Ms. Lawrence asked if any of the neighbors spoke to her about it and if they had a problem with the unit’s location.
Ms. Aloia said no one spoke to either her or her husband and no one has complained. She explained that her neighbors were a Laundry, the Village parking lot and Sweet Grass Restaurant.
Ms. Lawrence asked if they had any information on the particular unit. Ms. Aloia said she did not come prepared with that information
Mr. Maloney, who spoke with the Aloias during the site visit, explained to the Board that they bought the house over a year ago and completely renovated it, including the installation of central air conditioning. The air conditioning is already installed because when the Aloia’s spoke with the contractor, he said he spoke with the Building Department and they had no problem with installing it.
Mr. Pennella explained that the situation came to the attention of the Building Department as part of the closeout procedure. When the as-builts were submitted, it was noticed that the sketch they originally submitted was different than the as-builts.
Ms. Brown asked why they had two units; to which Ms. Aloia explained that they separated out the first and second floors.
Ms. Lawrence asked if they had fencing around the unit; to which Ms. Aloia said not yet, but they are planning to install one with the renovation of the backyard.
It was explained that Sweet Grass Restaurant had several air conditioning condenser units, which emitted quite a bit of noise. The Aloia’s unit is much quieter and would not be heard over the noise of the restaurant’s units.
It was further explained that there are no windows in the building on the other side of the Aloia’s house.
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 11 John Street.
Mr. Maloney moved, seconded by Ms. Brown, and unanimously carried that the hearing be closed and that the Board having arrived at the findings required by the ordinance:
1. That no undesirable change will be produced in the character of the neighborhood nor a detriment to nearby properties will be created by granting of the area variance;
2. That the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance;
3. That the requested area variance is not substantial;
4. That the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
5. That the alleged difficulty was not self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
grants the following variance for 11 John Street:
1. Obstructions in yards: (§305-47B)
a. Existing lot size is 3,600 sq. ft. where 20,000 sq. ft. is required.
b. One side yard: Required: 16 ft. / Existing: 14 in. / Proposed: 3.9 ft.
Motion carried.
Meeting adjourned – 8:30 p.m.
Dale Bellantoni
Secretary
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