Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
March 8, 2010 8:00 p.m.
PRESENT: Members Maloney, Brown, Jolly, Merrill Verma; Counsel Shumejda; Assistant Village Engineer Pennella; Secretary Bellantoni
ABSENT: Chairwoman Lawrence
APPROVAL OF MINUTES - November 9, 2009
Mr. Jolly moved, seconded by Ms. Merrill Verma, and unanimously carried, that the minutes of November 9, 2009, be approved with one correction, Ms. Merrill Verma was not absent, but arrived late – change will be made to the minutes. Motion carried
NEW PUBLIC HEARING - 3 Eunice Court – James and Dorthea Hull
Secretary Bellantoni read the following Public Hearing notice:
“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, March 8, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
James and Dorthea Hull
3 Eunice Court
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding the construction of a portico over the front steps of the house requiring a variance to encroach into the front yard setback as follows:
• Minimum Front Yard (FT): Required: 25
Existing: 27.28
Proposed: 23.28
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 20, Block 8, Lot 16 and is located in an R-10 (Residential) 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”
Mr. Maloney read the following Environmental Review from Michael Blau, Environmental Review Officer, dated March 8, 2010:
“I have reviewed this application regarding the construction of a portico over the front steps of the house which requires a minor front yard variance and determined the proposal poses no significant adverse environmental impact.”
Certified Mailing Receipts Received
Sign posted
Board members visited site
James Hull, homeowner, introduced himself and explained that they would like to have a portico constructed over their front steps. When the Hulls bought the house in 1986, there was an existing metal awning over the steps which eventually collapsed and had to be removed. They noticed after it was removed that there was moisture on the steps from the roof, which created an unsafe condition. They now would like to replace the awning with a wood portico which will be supported by two pillars. Mr. Hull stated that they would like to do this mainly for safety reasons.
Mr. Jolly asked if the new awning would be the same size as the previous one.
Mr. Hull responded that it would cover the stairs, the only difference being that it would have two supports in front.
Mr. Jolly asked since it was part of the original house, why did it need a variance?
Counsel Shumejda explained that the original was just an awning with no supports; and since the new portico will have two supports, it is considered a structure which will encroach into the front yard setback; and therefore it requires a variance.
Mr. Maloney asked if anyone else would like to speak. No one else was present to speak.
Ms. Brown motioned, seconded by Ms. Merrill Verma, 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 3 Eunice Court.
1. Minimum Front Yard (FT) (§305-47B)
a. Required: 25; Existing: 27.28; Proposed: 23.28
NEW PUBLIC HEARING – FORDHAM UNIVERSITY – PROPERTIES AT: 100 MARYMOUNT AVENUE; 25 IRVING AVENUE; 93 IRVING AVENUE; 77 IRVING AVENUE; 71 IRVING AVENUE; 73 IRVING AVENUE (SAMOYEDNY)
Secretary Bellantoni read the following Public Hearing notices:
“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, March 8, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Fordham University
113 West 60th Street
New York, NY 10023
for a variance from the Zoning Code of the Village of Tarrytown for property located at 100 Marymount Avenue, Tarrytown, New York regarding the subdivision of property (proposed lot 1P) requiring the following variances:
1. Accessory Building Coverage (%): Permitted: 4.5 / Proposed: 8.7
2. Maximum Height (Stories): Permitted: 2.5 / Proposed: >2.5 (1)
3. Maximum Height (Feet): Permitted: 30 / Proposed >30 (1)
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, Parcels 75, 77, 79, 83, 85 and is located in an R-20 (One-Family Residence) 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”
“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, March 8, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Fordham University
113 West 60th Street
New York, NY 10023
for a variance from the Zoning Code of the Village of Tarrytown for property located at 25 Irving Avenue, Tarrytown, New York regarding the subdivision of property (proposed lot 2P) requiring the following variances:
1. Minimum Lot Size (S.F.): Permitted: 20,000 / Proposed: 10,452
2. Width at front of Building (FT): Permitted: 120 / Proposed: 117.0
3. Minimum Street Frontage (FT): Permitted: 120 / Proposed: 117.0
4. Minimum Rear Yard (FT): Permitted: 32 / Proposed: 11.0
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, Parcels 75 and is located in an R-20 (One-Family Residence) 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”
“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, March 8, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Fordham University
113 West 60th Street
New York, NY 10023
for a variance from the Zoning Code of the Village of Tarrytown for property located at 93 Irving Avenue, Tarrytown, New York regarding the subdivision of property (proposed lot 3P) requiring the following variances:
1. Minimum Lot Size (S.F.): Permitted: 20,000 / Proposed: 10,018
2. Minimum Front Yard (FT): Permitted: 30 / Proposed: 12.9
3. Minimum Rear Yard (FT): Permitted: 32 / Proposed: 20
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, Parcels 85 and is located in an R-20 (One-Family Residence) 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”
“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, March 8, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Fordham University
113 West 60th Street
New York, NY 10023
for a variance from the Zoning Code of the Village of Tarrytown for property located at 77 Irving Avenue, Tarrytown, New York regarding the subdivision of property (proposed lot 4P) requiring the following variances:
1. Minimum Lot Size (S.F.): Permitted: 20,000 / Proposed: 10,814
2. Principal Building Coverage (%): Permitted: 18 / Proposed: 18.2
3. Minimum Front Yard (FT): Permitted: 30 / Proposed: 23.2
4. Minimum Rear Yard (FT): Permitted: 32 / Proposed: 10.9
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 12, Parcels 83, 85 and is located in an R-20 (One-Family Residence) 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”
“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, March 8, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
Fordham University
113 West 60th Street
New York, NY 10023
for a variance from the Zoning Code of the Village of Tarrytown for property located at 69 & 71 Irving Avenue, Tarrytown, New York regarding the subdivision of property (proposed lot 6P) requiring the following variances:
1. Minimum Lot Size (S.F.): Permitted: 20,000 / Proposed: 6,000
2. Width at Front of Building (FT): Permitted: 120 / Proposed: 60
3. Minimum Street Frontage (FT): Permitted: 120 / Proposed: 60
4. Principal Building Coverage (%): Permitted: 18 / Proposed: 25.5
5. Total Coverage (All Buildings %): Permitted: 22.5 / Proposed: 25.5
6. Minimum Front Yard (FT): Permitted: 30 / Proposed: 21.1
7. Minimum Side Yard (FT): Permitted: 16 / Proposed: 0.8
8. Minimum 2 Side Yards (FT): Permitted: 34 / Proposed 21.6
9. Minimum Rear Yard (FT): Permitted: 32 / Proposed: 3.6
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, Parcels 81, 81C, 81D and is located in an R-20 (One-Family Residence) 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”
“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, March 8, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
John Samoyedny
73 Irving Avenue
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at 73 Irving Avenue, Tarrytown, New York regarding the subdivision of property (proposed lot 5P) requiring the following variances:
1. Minimum Lot Size (S.F.): Permitted: 20,000 / Proposed: 4,062
2. Width at front of Building (FT): Permitted: 120 / Proposed: 40.9
3. Minimum Street Frontage (FT): Permitted: 120 / Proposed 41.22
4. Principal Building Coverage (%): Permitted: 18 / Proposed: 28.1
5. Accessory Building Coverage (%): Permitted: 4.5 / Proposed: (4) 12.6
6. Total Coverage (All Buildings %): Permitted: 22.5 / Proposed: 40.7
7. Minimum Front Yard (FT): Permitted: 30 / Proposed: 45.0
8. Minimum Side Yard (FT): Permitted: 16 / Proposed: 2.6
9. Minimum 2 Side yards (FT): Permitted: 34 / Proposed: 10.3
10. Minimum Rear Yard (FT): Permitted: 32 / Proposed: 11.1
11. Minimum distance from Accessory Building to Side Lot Line (FT): Permitted: 16 / Proposed: 5.6
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, Parcels 81A, 81B, 83 is located in an R-20 (One-Family Residence) 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”
Mr. Maloney read the following Environmental Review from Michael Blau, Environmental Review Officer, dated March 8, 2010:
“The Planning Board reviewed the requested variances for the above-noted properties in conjunction with subdivision of these properties. The Planning Board review was thorough, and it was determined the requested variances are the minimum required in order for these properties to be sold. Based on this review, it is my determination the requested variances pose no significant adverse environmental impact.”
Certified Mailing Receipts Received
Sign posted
Board members visited sites
Kristen Wilson introduced herself, Melissa Walters and Darius Chafizdeh, Sr. Bernadette Kenny, legal counsel for the Marymount sisters; and Mike Kolby of John Meyers Consulting Engineers.
She gave a brief overview. Fordham and EF School, as a partnership, has gone before the Planning Board and one of the conditions of their approval is to obtain the various variances for the substandard lots. Everything already exists; they are just trying to subdivide the property, of which some lots will be held by the sisters, one by John Samoyedny, and one by John Lugari, to legalize what exists there as part of the subdivision approval.
Mr. Maloney asked if the lots existed before and were they part of the original property?
Sr. Bernadette Kenny, legal counsel for the sisters, explained that proposed lots 6P and 5P have been separate tax lots for as long as she can remember, but the others are part of what had been the larger campus of Marymount College and later Fordham University.
Kristen Wilson said she thought they were separate tax lots but were never officially subdivided.
Sr. Bernadette Kenny explained that they were never owned by Marymount College where as the others were conveyed as part of the larger lot.
Kristen Wilson stated they have been in touch with the Village Attorney and that EF School, who is now the owner of what used to be the Marymount Campus, is objecting to the need for variances for lot 1P, which is the large lot. It is her understanding thar John Kilpatrick, attorney for EF School, will be appealing the opinion of the Building Inspector and the Village Attorney that they need variances for the existing buildings on 1P. She suggested two options; hold 1P in abeyance and proceed with lots 2P, 3P, 4P, 5P & 6P tonight, pending a resolution of that appeal, or hold all in abeyance and adjourn until the April meeting.
Kristen Wilson stated that the variances for 1P concern the height and the accessory building coverage.
Mr. Maloney asked Counsel Shumejda if EF School was already told the reason for the variances.
Counsel Shumejda said that he conveyed Michael McGarvey, Building Inspector’s, opinion which was to require the applicant to seek the variances that are required for all parcels as one subdivision. Mr. Kilpatrick told Counsel Shumejda that he would be filing an appeal of the interpretation of Michael McGarvey and that the appeal would come back to this Zoning Board. It was Counsel Shumejda recommendation that the entire application for all of the lots be adjourned to next month, which would give Mr. Kilpatrick an opportunity to file the appeal.
Ms. Brown asked what the large lot 1P was zoned, R-20?
Counsel Shumejda said that it is all zoned R-20. When it was purchasing, they applied for and was granted a compatible use permit.
Mr. Maloney read the following Environmental Review from Michael Blau, Environmental Review Officer regarding 73 Irving Avenue (Samoyedney), dated March 8, 2010:
“The Planning Board reviewed the requested variances for this property in conjunction with the requested variances for 100 Marymount Avenue; 25 Irving Avenue, 93 Irving Avenue; 77 Irving Avenue; and 71 Irving Avenue. It was the determination of the Planning Board that the requested variances are the minimum required for this property.
Based on this review, it is my determination the requested variances pose no significant adverse environmental impact.”
Mr. Maloney stated, it’s his understanding that all the properties are owned by EF School, is that correct?
Kristen Wilson explained that lot 5P is owned by Mr. Samoyedny and as she understands it, the rest are owned by EF School; and once the subdivision goes through and all conditions are met, the sisters and Ed Lugari will have 2P, 4P, 5P, & 6P.
Mr. Jolly clarified that lots 5P & 6P did have boundaries which were changed a little, but the other lots did not have any boundaries.
Kristen Wilson explained that they were drawn based on the topography of the site and what exists there, even though they do not conform to the code regulations.
Mr. Jolly asked if they could tell when those buildings were built.
Counsel Shumejda explained that EF School had three choices.
1. Show when they were built they complied with the zoning code
2. Show they existed prior to the enactment of the zoning code, which was in the late 1920’s.
3. The variance route.
The buildings records are minimal and the owner did not have any records either; so the only option for them was to go to the variance route. That area of the village has always been zoned residential.
Ms. Brown asked if currently they are on the tax roll.
Counsel Shumejda said when it was owned by Fordham it was off, and when it once it was owned by EF School, it was put back on.
Sr. Bernadette Kenny explained that it only went on the tax roll when it was sold to EF School.
Mr. Maloney read the following memo from Jeffrey Shumejda to the Planning Board, dated March 4, 2010; and asked that it, along with the Planning Board minutes of November 23, 2009 be incorporated into the minutes.
“The request for variances is the last step in the process that started with the Board of Trustees approving a compatible use permit for EF and the Landmark designation for Butler Hall, Gerard Hall and the Science Hall. The Planning Board then granted subdivision approval, subject to the applicant obtaining variances from the Zoning Board of Appeals.
The variance application is necessary, even though there are no changes to the buildings, because the Village Law of the State of New York Section 7-730 requires that lots on a subdivision must comply with the zoning code of the Village. The applicant had three options: show that when the buildings were constructed they conformed to the zoning code; or show that they are built before the enactment of the zoning code in the 1920's or submit a variance application. Since the records do not exist to prove either of the first two options, the only way for the applicant to legalize the subdivision was to submit the current variance application. “
Mr. Maloney asked if anyone else had any comments.
Ms. Brown asked about lot 6P, which has two building; a large stone building and a small building behind it. She asked if in the future someone bought it and wanted to build out, what requirements they would be held to.
Mr. Maloney explained that the Planning Board addressed that issue in their conditions.
Mr. Samoyedny stated that he does not have a survey and asked if he could get one so that he could better understanding what is going on.
Counsel Shumejda said we could provide him with a survey.
Ms Brown asked about the garage.
Mr. Samoyedny said that deal has not been made.
Counsel Shumejda explained that it is a private matter and Mr. Samoyedny has to acquire it from EF School; it is not a concern of the Village.
Ms. Brown ask if the lot can be subdivided.
Counsel Shumejda said that he could not and that he was not aware of any issues; if that transaction does not take place, this will have to be modified. He said he will check with Mr. Kilpatrick as to the status and have him report back to the board at the next meeting.
Ed Lugari stated he is happy with the situation as it stands now and since he is purchasing 93 Irving Avenue, he has until April 20 in order to get the $8,000 rebate. He said it has been a long dragged out process and would appreciate if the Board could approve the variance for 93 Irving Avenue now so that he doesn’t lose out on the rebate.
Mr. Maloney asked if there are any other comments.
Melissa Walters represents Fordham in the process of selling to EF. She stated that they too are anxious to get this done and that there are frustrations on the part of Fordham as well.
Kristen Wilson asked if Mr. Kilpatrick does submit an application in a timely manner so that this Board can entertain it at the next meeting; is it possible that the board can act on the application and subsequently act on the pending variance applications in the same night.
Mr. Maloney said yes, provided the information is submitted to the Village in advance so that the Board can look it over and so that our Attorney can look it over.
Counsel Shumejda said as soon as we receive it, we will distribute to the Board and proceed from there.
It was agreed by the Board to adjourn until April 12, 2010.
ADJOURNMENT
Mr. Jolly moved, seconded by Ms Brown, and unanimously carried, that the meeting be adjourned – 8:40 p.m.
Dale S. Bellantoni
Secretary to the Zoning Board
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