Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
August 9, 2010 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Jolly, Brown, Maloney; Counsel Shumejda; Assistant Village Engineer Pennella; Secretary Bellantoni
ABSENT: Member Verma
APPROVAL OF THE MINTUES – July 12, 2010
Ms. Brown moved, seconded by Mr. Jolly, and unanimously carried, that the minutes of July 12, 2010, be approved as submitted. Motion carried.
PUBLIC HEARING – SOLLECITO – 86 ROUNDABEND ROAD
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 Monday, August 9, 2010 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Rocco and Paige Sollecito
86 Roundabend Road
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address to construct a two-car garage/recreation room requiring the following variance:
- A variance from Section 305-47 of the Zoning Code entitled Yards; setbacks as follows:
305 Attachment 5:1, Column 14, Minimum Rear Yard (feet)
Required: 32 feet / Existing: 36.3 feet / Proposed: 17 feet
- A variance, to increase the existing non-conformity, from Section 305-49 of the Zoning Code entitled Impervious coverage as follows:
Permitted: 5,843 s.f. (29%)
Existing: 6,250 s.f. (31.02%)
Proposed: 6,880 s.f. (34.2%)
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 29C, Block 133, Lot: 211 and is located in an R20 (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”
The certified mailing receipts were submitted
The sign was posted
Board members visited the property.
Chairperson Lawrence read the following Environmental Review from Michael Blau, Environmental Review Officer, dated August 9, 2010:
“I have reviewed this application for construction of a two-car garage/recreation room. There are two variances being requested, both of which are substantial. The Board may feel that the proposed 17 ft. rear yard setback where 32 ft. is required is somewhat mitigated due to the 5-acre conservancy land at the rear of this property’s border. The impervious surface coverage on this property is already over what is permitted. The proposed coverage is more than 1,000 sq. ft. over what is allowed. If the Board is considering granting these variances, they may want to look at mitigating the impervious surface coverage by requiring some of the existing impermeable ground covering being replaced with permeable material.”
Robert Riley, architect for the Sollecitos, introduced himself and explained their reason for seeking a variance to build a two-car garage with a recreation room above.
He presented letters from the neighbors at 78 Roundabend Road, 87 Roundabend Road, 90 Roundabend Road, and 94 Roundabend Road supporting the application for the required variance to construct a garage/family room (copies attached).
Mr. Riley discussed the topography of the development. He stated there is a tremendous amount of rock and grade changes - there could be a 15’ change from one neighbor to the next; the Sollecito site is 15’ above their neighbors. He presented photographs showing that this site is the most isolated of all with extensive planting. The backyard is over 5,000 s.f. (the only one of that size) and it then touches the conservation area. This is a cluster development – not all sites are 20,000 s.f.
Ms. Brown asked what the goal was since they already have a two-car garage. Mr. Riley stated the goal is to gain more garage space. He also explained that although the house looks very large, there is a lot of volume (air space) with attic space and as well as cathedral ceilings.
Ms. Lawrence asked if there are any other houses in the subdivision that have 4 garages. Mr. Riley did not think so.
Ms. Lawrence asked how many people are in the household. Mr. Riley responded that there are two adults and two children. Mr. Sollecito has a specialty car that he wants to keep garaged and they would continue to use the existing garages for their cars. None of the houses have a lot of parking.
Ms. Lawrence asked how many additional square feet they were planning to add with the recreation room over the proposed garages and was the basement finished. Mr. Riley said the basement was finished and the addition would add approximately 600 s.f. to the house, which is already 4,500 s.f. Ms. Lawrence asked the reason for the additional recreation space since they already had a family room and a finished basement. Mr. Riley said they just want it. She asked how long they have lived in the house, to which Mr. Riley stated since December 2009.
Mr. Jolly asked if they could increase the parking area by removing some of the rock. Mr. Riley said they would not let him do that. One concern is how much rock would have to be removed because there is so much rock there. He stated that they would be gaining two parking spaces with the new garages.
Ms. Lawrence asked if the neighbor’s saw the plans. Mr. Riley said he gave the plans to the Sollecitos and believed that they met each of the neighbors.
Ms. Lawrence asked the people present if they wanted to speak. Mary Meany and Alan Ziess, representatives of the Tarryhill Homeowners Association, came forward and said that the board as a whole has not had time to review the plans. No one else has ever added an addition like this, and they would like some time to review it to see if it is beneficial to the community as a whole. They explained that they did not get the plans until Friday and their last board meeting was the Monday before. They said that their next board meeting is the same night as the next Zoning Board meeting but they could call a special meeting to review the plans before the next ZBA meeting.
Mr. Ziess stated that it was normal procedure to present plans before the Homeowners Association; to which Mr. Riley stated that they were unaware of that or they would have done so. Ms. Lawrence noted that they were new in the neighborhood and understood that they may not have been aware of it. Mr. Ziess noted that they are not for or against the proposed addition, but they just need time to review the plans.
Ms. Lawrence said she had no objection to adjourning the meeting for another month in order for the Homeowners Association to review the plans, but she did not want to put the Sollecitos off beyond the September meeting.
Ms. Brown asked if drainage was addressed. Mr. Riley said he couldn’t do the construction documents and all of the other remedial work until he gets the Board’s approval.
Ms. Brown asked who approves the drainage. Mr. Pennella, Assistant Village Engineer, explained that there are already problems at the bottom of Roundabend Road and any increase in run-off, especially since they are at the top of the hill, will affect all of the surrounding areas. It is his suggestions that should the Board approve this variance, they will require that any increase above the 29% allowed of impervious area would required stormwater treatment.
Mr. Riley replied that probably 90% of the houses there do not meet the impervious surface. The number is based on ½ acre units, and only about half of those units are on a ½ acre. He does not believe that the 29% was even law when the development was approved. Ms. Pennella stated that they are creating an additional problem. Ms. Lawrence stated that it was a critical issue which will be discussed at the next meeting.
Mr. Maloney moved, seconded by Ms. Brown, and unanimously carried, that the meeting be adjourned.
ADJOURNMENT
Meeting adjourned 8:25 p.m.
Dale Bellantoni
Secretary
| 
