Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
May 10, 2010 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Jolly, Maloney; Counsel Shumejda; Secretary Bellantoni
ABSENT: Members Merrill Verma, Brown; Assistant Village Engineer Pennella
APPROVAL OF THE MINUTES – April 12, 2010
Mr. Jolly moved, seconded by Mr. Maloney; and unanimously carried that the minutes of April 12, 2010 be approved as submitted. Motion carried.
CONTINUATION PUBLIC HEARINGS
FORDHAM UNIVERSITY – PROPERTIES AT: 100 MARYMOUNT AVENUE; 25 IRVING AVENUE; 69 & 71 IRVING AVENUE; 77 IRVING AVENUE; 93 IRVING AVENUE; 73 IRVING AVENUE (SAMOYEDNY)
Mr. Shumedja received a call from Fordham’s and EF’s attorneys stating that they will have all of the additional variances that they are going to be requesting but they need to be verified by the survey and then be noticed. They will have them shortly and will be ready for the next meeting and requested an adjournment until the June 14, 2010 meeting.
Ms. Lawrence moved, seconded by Mr. Jolly, and unanimously carried that the application be adjourned to the June 14, 2010 meeting.
NEW PUBLIC HEARINGS
28 WILDEY STREET - GALLEA RESIDENCE
The secretary 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, May 10, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Dean Gallea
28 Wildey 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 construction of a shed in the rear yard requiring the following variances:
1) Increase in the degree of non-conformity: (§305-62A(2))
(a) Minimum lot size is required to be 10,000 sq. ft. and 5,600 sq. ft. exists
(b) Minimum front yard setback is required to be 25 ft. and 23 ft. exists
(c) Minimum single side yard setback is required to be 12 ft. and 4.5 ft. exists
2) Minimum distance from accessory building to side lot line is required to be 12 ft. and 2 ft. is proposed (§305-11)
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 7, Block 24, Lot 5 and is a single-family house located in an M2 (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.
By Order of the Zoning Board of Appeals”
Certified mailing receipts received.
Sign was posted
Board members visited the site
Dean Gallea introduced himself and explained what he proposed to do. He would like to put a prefabricated 8x10 storage shed in his backyard. The shed will be placed in the side yard setback, 2’ from the existing fence. He is allowing the 2’ from the fence so that he can maintain the fence.
Ms. Lawrence asked if it would be put on a foundation. Mr. Gallea stated that it will be placed back-to-back with his neighbor’s shed and it will be placed on blocks. Mr. Gallea said if the building department requires that it be fastened to the ground, he will have it fastened. He felt placing it back-to-back with his neighbor’s shed would make it less intrusive.
Ms. Lawrence asked if there was anyone present who would like to speak. There was no one present.
Ms. Lawrence read the following Environmental Review from Michael Blau, Environmental Review Officer, dated May 10, 2010:
“I have reviewed this application for a side yard variance to allow for the construction of a shed in the rear of the property and determined the proposal appears to pose no adverse environmental impact.”
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 28 Wildey Street.
Mr. Maloney moved, seconded by Mr. Jolly, 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 variances for 28 Wildey Street:
1. Increase in the degree of non-conformity: (§305-62A(2))
(a) Minimum lot size is required to be 10,000 sq. ft. and 5,600 sq. ft. exists
(b) Minimum front yard setback is required to be 25 ft. and 23 ft. exists
(c) Minimum single side yard setback is required to be 12 ft. and 4.5 ft. exists
2. Minimum distance from accessory building to side lot line is required to be 12 ft. and 2 ft. is proposed (§305-11)
Motion carried.
Meeting adjourned – 8:15 p.m.
Dale Bellantoni
Secretary
| 
