Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
June 13, 2011 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Maloney, Jolly, Weisel; Counsel Shumejda; Secretary Bellantoni
ABSENT: Ms. Brown
APPROVAL OF THE MINTUES – May 9, 2011
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the minutes of May 9, 2011, be approved as submitted. Motion carried
CONTINUATION OF PUBLIC HEARING – Acadia Realty Trust (Hibachi Restaurant) - 124-134 Wildey Street
Board members visited the site.
John Kirkpatrick of Oxman, Tulis, Kirkpatrick, Whyatt & Geiger, L.L.P., and Guy Saccento of Acadia Realty Trust were present to represent the applicant.
Mr. Kirkpatrick spoke about the availability of parking in the lot. He stated that a parking count was performed every hour from 7:00 a.m. to 8:00 p.m. for three consecutive days on May 12th through May 14th 2011. As shown on the attached charts, the highest number of cars was 77 at 10:00 a.m. on the 12th; 65 at 12:00 p.m. on the 13th and 72 at 12:00 p.m. on the 14th. Mr. Saccento added that the highest number of cars parked during the peak operation of the restaurant, between the hours of 2:00 p.m. and 9:00 p.m., was 66.
Ms. Lawrence asked how many parking spaces are in the lot. Mr. Kirkpatrick said there are 183.
Ms. Lawrence asked what the seating capacity would be for the restaurant and if they would serve lunch and dinner. Mr. Kirkpatrick said there will be 78 seats and they would serve lunch, dinner and take-out.
Ms. Lawrence asked if it was a chain restaurant. Mr. Saccento said it was a very small chain restaurant with only two other locations in Atlantic City. Both doing very well and are good tenants.
Mr. Kirkpatrick stated that on May 23, 2011 the Planning Board approved the Hibachi Restaurant with the usual conditions plus one additional condition regarding the location of the garbage dumpster. They have addressed their concerns and will present their plan to the Planning Board at their staff meeting on Thursday, June 16th.
Mr. Kirkpatrick spoke about the McDonald’s parking, which Mr. Shumejda confirmed was a separate lot. Mr. Kirkpatrick said that most of their business was drive-thru and also said that the part of the lot by the Walgreen’s drive-thru was almost always empty.
Ms. Lawrence read the following environmental review from Michael Blau, Environmental Review Officer:
“This application was reviewed by the Planning Board and a determination was made that there would be no significant adverse environmental impact since ample parking exists at this location.”
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 124-134 Wildey Street (Hibachi Restaurant).
Mr. Jolly moved, seconded by Ms. Weisel, to close the hearing.
Mr. Jolly moved, seconded by Ms. Weisel, 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 of approval by the Building Inspector, a variance to allow 23 additional spaces above what is allotted by the code for a total of 33 spaces.
Motion Carried.
PUBLIC HEARING – Droogan – 40 Highland Avenue
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, June 13, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Alice Droogan
40 Highland Avenue
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 new covered front porch which encroaches into the side yard setback. The new porch will extend out along the same building line as the present house, which is “existing non-conforming.” The variance required for the porch is as follows:
1. Obstructions in yards: (§305-47B)
One side yard: Required: 10’
Existing: 8’-8o 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.
Greg Gall, Architect for the applicant and Alice Droogan, homeowner/applicant, introduced themselves.
Ms. Lawrence asked about the tree which is close to the house. Mr. Gall said they would not be removing the whole tree, only the large branch which will interfere with the construction of the porch. Ms. Droogan said they would be trimming other branches which are overhanging onto her roof.
Mr. Maloney asked her reason for adding the porch. Ms. Droogan said it is something she has wanted and now that she is retired, she will have a chance to use and enjoy it.
Ms. Lawrence asked how wide the porch will be. Mr. Gall said close to 7’ of usable space and it will run from side to side in the front of the house.
Ms. Droogan said it will be quite helpful to have a covered area at her front door, especially when it snows, because at times of heavy snow, it becomes impossible to open her storm door.
Mr. Jolly asked about the hedges in the front. Mr. Gall said the six hedges will be relocated, the two steps will be removed and the existing blue stone landing will be removed and hopefully reused elsewhere on the property. The existing concrete walkway will be cut to accommodate the new porch and steps.
Mr. Jolly questioned how they planned to address the foundation since the property is sloped. Mr. Gall said the footings would go down 42” (below the frost line). He said the top of the footings do not have to align and it will be sloped so that it will be an inch or so above grade. There will be six sonotubes, which will be coved by 1x1 framed walls, and most of the foundation will be coved by the porch.
Ms. Lawrence read the following Environmental Review by Michael Blau, Environmental Review Officer:
“I have reviewed this application for a side yard variance for a covered front porch and determined the proposal appears to pose no significant adverse environmental impact.”
Mr. Jolly moved, seconded by Mr. Maloney, and unanimously carried, that the Board determines there will be no significant adverse environmental impact as a result of granting the requested variances for 40 Highland Avenue.
Mr. Maloney moved, seconded by Ms. Weisel, 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 of approval by the Building Inspector, the following variances for 40 Highland Avenue.
1. Obstructions in yards: (§305-47B)
One side yard: Required: 10’
Existing: 8’-8
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the meeting be adjourned – 8:25 p.m.
Dale Bellantoni
Secretary
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