Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
April 11, 2011 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Maloney, Jolly, Brown, Weisel; Counsel Shumejda; Assistant Village Engineer Pennella; Secretary Bellantoni
APPROVAL OF THE MINTUES – March 14, 2011
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the minutes of March 14, 2011, be approved as submitted. Motion carried.
PUBLIC HEARING – 62 Benedict Avenue – Junge Residence
Mailing receipts were received, the sign was posted, and the Board did a site visit.
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, April 11, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Christopher Junge
62 Benedict Avenue
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding a driveway within the side yard setback requiring the following variance:
1. A variance from Section 305-63C(3)(a) of the Zoning Code entitled Off-street parking and loading as follows:
a. Required for driveway: 5’ from side lot line.
Existing: 3’
Proposed: 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 18A, Block 83, Lot: 4 and is located in an R7.5 (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”
Ms. Lawrence read the following environmental review from Michael Blau, Environmental Review Officer, dated April 11, 2011:
“I have reviewed this application for a side yard variance for a parking space. I have determined the proposal appears to pose no significant adverse environmental impact. Should the Board agree, you may make a negative declaration under SEQRA.”
Ms. Lawrence asked that the letter to the Zoning Board be included in the minutes (attached).
Chris Junge, homeowner, introduced himself and gave the following brief explanation of the reason for his requesting a variance. He explained that currently his dirt and gravel driveway has a single car width opening which opens up into a two-car width parking area in front of his house. He would like to narrow the driveway to a single-car width (21’ down to 11’) by moving it over into the side yard setback and going straight back on the side of the house. He would replace the existing wood retaining wall with a Uni-block retaining wall. He would also replace the dirt and gravel with permeable pavers. Mr. Junge further explained that a box drain would be installed in the corner closest to the house. Currently there are French drains down the side of the house. They will either put in a
new French drain or connect it to the existing system. They also plan to landscape the portion of the front yard when that section of the existing driveway is removed.
Ms. Lawrence asked if anyone would like to speak. No one responded. She asked Mr. Junge if any of his neighbors spoke to him about the driveway, to which Mr. Junge responded that none of them had.
Mr. Jolly asked if they were going to redo the fence. Mr. Junge said the fence would remain the same. He said the stockade fence belonged to his neighbor and the white picket fence was his and would remain the same for now.
Mr. Jolly asked Mr. Junge if he planned on moving the curb cut. Mr. Junge said the curb cut would remain the same size just moved approximately 1’ toward the east side of the property (up Benedict Avenue).
Mr. Maloney asked how many cars they have. Mr. Junge responded that they have one car.
Ms. Lawrence asked if Mr. McGarvey, Village Engineer/Building Inspector, reviewed the plan. Mr. Junge said he did, that they had gone back and forth making several changes until the plan presented to the board was finalized.
Mr. Jolly moved, seconded by Ms. Brown, and unanimously carried, that the Board determines there will be no significant adverse environmental impact as a result of granting the requested variance for 62 Benedict Avenue.
Mr. Jolly 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.
grants, with a condition that the driveway is approved by the Building Inspector, the following variances for 62 Benedict Avenue.
1. A variance from Section 305-63C(3)(a) of the Zoning Code entitled Off-street parking and loading as follows:
a. Required for driveway: 5’ from side lot line.
Existing: 3’
Proposed: 2’
Motion carried
PUBLIC HEARING – 100-120 White Plains Road - Noskin Entity LLC
Mailing receipts were received, the signs were posted, and the Board did a site visit.
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, April 11, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Noskin Entity LLC
55 South Broadway
Tarrytown, NY 10591
For the following variances from the Zoning Code (§305-11.B.2) of the Village of Tarrytown for property located at 100-120 White Plains Road in order to subdivide the site into two parcels:
Lot 1 Lot 2
(a) Minimum Lot Size (s.f.): Required: 435,600 s.f.
Existing: 394,479 s.f.
Proposed: 52,403 s.f. 342,077 s.f.
(b) Minimum Street Frontage (ft.): Required: 400 ft.
Existing: 587.5 s.f.
Proposed: 291.77 ft. 289.73 ft.
(c) Minimum Front Yard (ft.): Required: 100 ft.
Existing: 98.7 ft.
Proposed: No change
(d) Minimum Each Side Yard (ft.): Required: 50 ft.
Existing: 33 ft. 26 ft
Proposed: No change No change
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 6, Lot: 1 and is located in an OB (Office Building) 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”
Ms. Lawrence read the following environmental review from Michael Blau, Environmental Review Officer, dated April 11, 2011:
“I have reviewed this application for variances relative to the properties at 100-120 White Plains Road which are required as a result of the subdivision of these properties. There will be no new construction on either site. The Planning Board reviewed the application in detail as part of the subdivision process and made a determination the subdivision posed no adverse environmental impacts. Since the required variances are all existing conditions, I would recommend the Zoning Board determined they pose no significant adverse environmental impact.”
John Hughes, representing Dennis Noskin (Contract Vendee), gave the board an overview of the site. He stated that both buildings are owned by the same owner, who is interested in disposing of the smaller building. He showed the board pictures of the buildings and the neighboring buildings. Mr. Hughes explained that his client, Dennis Noskin, wished to purchase the one lot with the smaller building. In order for him to purchase it, the property must be subdivided. He said neither building meets the present zoning requirements. The building that Mr. Noskin would like to purchase is a very old, architecturally pleasing building that was built in the 1870’s. If left unoccupied it may fall into disrepair. The larger building (Christiana Building) was built in the 1970s. Both buildings
predate the present zoning requirements. He explained the variances as stated in the Public Hearing Notice. He said there would be no change of use, no new construction, no environmental issues, just ownership.
Mr. Hughes read the minutes of Planning Board meeting of February 11, 2011 stating the Planning Board’s recommendation to the Zoning Board that the variance be granted (copy attached).
Ms. Lawrence asked if anyone would like to speak.
Ms. Brown asked Mr. Shumejda if this would be setting precedence.
Mr. Shumejda said that since this site is unusual, a pre-existing condition, and no new construction would take place, it would not be setting precedence.
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 variance for 100-120 White Plains Road.
Mr. Jolly 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.
grants the following variances for 100-120 White Plains Road.
Lot 1 Lot 2
(a) Minimum Lot Size (s.f.): Required: 435,600 s.f.
Existing: 394,479 s.f.
Proposed: 52,403 s.f. 342,077 s.f.
(b) Minimum Street Frontage (ft.): Required: 400 ft.
Existing: 587.5 s.f.
Proposed: 291.77 ft. 289.73 ft.
(c) Minimum Front Yard (ft.): Required: 100 ft.
Existing: 98.7 ft.
Proposed: No change
(e) Minimum Each Side Yard (ft.): Required: 50 ft.
Existing: 33 ft. 26 ft
Proposed: No change No change
Motion Carried
The board members discussed changing the time for the Zoning Board meetings from 8:00 p.m. to 7:00 p.m. All agreed. Mrs. Bellantoni said she would find out what had to be done and would get back to Ms. Lawrence.
ADJOURNMENT
Ms. Brown moved, seconded by Mr. Jolly, and unanimously carried, that the meeting be adjourned – 8:25 p.m.
Dale Bellantoni
Secretary
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