Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
July 11, 2011 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Jolly, Brown; Counsel Shumejda; Secretary Bellantoni
ABSENT: Mr. Maloney, Ms. Weisel
NEW PUBLIC HEARING – Knowles – 69 Tappan Landing 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, July 11, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
William and Amy Knowles
69 Tappan Landing Road
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding the legalization of an existing air condition condenser unit and the installation of a new generator, both encroaching into the side yard setback which requires the following variance:
1. 305-44 Existing Non conformities of existing lot:
a. Lot width at front of building is 67.5 ft. where 75 ft. is required.
b. Lot width at street frontage is 51.69 ft. where 75 ft. is required.
2. 305-63-C-(3) (a) Parking space front year setback required 20 ft. and 2.5 ft. is proposed.
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 17A, Block 0120, Lot: 38 and is located in an R-7.5 (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
Dale Bellantoni
Secretary
Dated: July 1, 2011”
Ms. Lawrence read the following Environmental Review by Michael Blau, Environmental Review Officer:
“I have reviewed this application for a front yard variance for parking. Other houses in this neighborhood have similar situations, and the Board should review this house as it relates to the neighborhood. If you feel what is being proposed is compatible with the neighborhood, you may determine the proposal poses no significant adverse environmental impact.”
The certified mailing receipts were submitted and the sign was posted
Board members visited the property.
Rui Arraiano of SFV Designs Inc. represented the homeowners. Mr. Arraiano explained that the Knowles have a one-car attached garage which they would like to convert to additional living space as a pantry, powder room and mudroom with a coat closet. By renovating this space, they lose the parking space in the garage; therefore, in order to convert this space, they need a variance to allow them to park their cars in their driveway within the front yard setback.
Ms. Lawrence asked how many bathrooms they presently have. Mr. Knowles said they have two bathrooms on the second floor but none on the first floor.
Ms. Lawrence asked if there are similar situations in the neighborhood. Mr. Arraiano stated that both 3 and 21 Half Moon Lane received the same variance which allows them to park in their driveway within the front yard setback.
Mr. Jolly asked what the space over the garage was being used for. Mr. Knowles said it was used as office space. He said he believes the space was renovated by the prior owners.
Ms. Lawrence stated that this parking situation was not unusual in that neighborhood.
Ms. Brown asked what the total square footage of the house is. Mr. Shumejda said approximately 1,941 s.f. and a little less than 200 s.f. would be added with the garage renovation.
Ms. Lawrence asked if there is storage under the garage and in the basement. Mr. Knowles confirmed that there is.
Ms. Lawrence asked if anyone else would like to speak. No one responded.
Ms. Brown 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 69 Tappan Landing Road.
Ms. Lawrence moved, seconded by Ms. Brown, 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 requested variances for 69 Tappan Landing Road subject to:
1. Approval of plans by the Building Inspector.
2. Approval of plans by the Architectural Review Board.
3. Obtaining a building permit within two years.
Motion carried.
NEW PUBLIC HEARING – Barkley – 21 Warren 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, July 11, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Jim and Pam Barkley
21 Warren Avenue
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at the above address regarding the legalization of an existing air conditioning condenser unit and the installation of a new standby generator, both encroaching into the side yard setback and requiring the following variance:
1. 305-44 Existing Non conformities of existing lot:
a. Minimum 2 Side Yards is 19.48 ft. where 30 ft. is required
b. Minimum 1 side is 10.23 ft. where 14 ft. is required.
2. 305-47 (A) Yards; setbacks.
a. Side yard setback required is 16 ft. and 8ft. is proposed.
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 4, Block 129, Lot: 4 and is located in an R-15 (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
Dale Bellantoni
Secretary
Dated: July 1, 2011”
Ms. Lawrence read the following Environmental Review by Michael Blau, Environmental Review Officer:
“I have reviewed this application for a side yard variance for an air conditioner compressor unit and a standby generator and determined the proposal appears to pose no significant adverse environmental impact.”
The certified mailing receipts were submitted and the sign was posted
Board members visited the property.
Christina Griffin introduced herself as the architect for the Barkley’s addition. She is here representing the Barkley because they were on vacation. Ms. Griffin explained that they are replacing the existing old air conditioner compressor unit with a new one and they are installing a new standby generator. Both structures will encroach into the side yard setback. The generator will be surrounded by a fence so that it cannot be seen and to reduce noise.
Ms. Lawrence asked if the units comply with the decibel limit allowed by our Village Code. She noted that the house next door also has an old a/c condenser unit and it is very noisy. Ms. Griffin did not know the decibel level of the unit or what is allowed in our code. She did say that the newer units are much quieter than the older ones. She said she would have to find out this information and get back to the board. Ms. Lawrence said that the code states the decibel level is 62 from 10:00 p.m. to 8:00 a.m. and 70 from 8:00 a.m. to 10:00 p.m. Ms. Griffin did not realize that there was a restriction and said she would read the code carefully.
Mr. Shumejda asked when the generator is on is there power going to the compressor unit. Ms. Griffin did not think so but said she would find out.
Mr. Shumejda asked Ms. Griffin to find out how the generator will be set up. Will it only allow minimal lighting if the electric goes out; or will it be set to power everything in the house, including the generator. He also asked her to get from the manufacturer a reading that shows what the sound is at a distance less than 24 feet from the unit.
Ms. Lawrence agreed that we should know exactly what the decibel level will be for both the air conditioner compressor unit and the generator.
Mr. Pennella stated that the generator will probably run routinely once a month to make sure that it is running properly. He noted that the a/c compressor have a seer value and the higher the seer the quieter the unit. The same thing applies to the generator. They have enclosures that drop the ratings down so that they are quieter.
Ms. Griffin said she would address the notice level but asked the board if they had any objections to the location of the units. Ms. Lawrence asked if the existing a/c unit had a permit. Ms. Griffin said that she does not think the Barkley’s know because it was there when they bought the house. Ms. Lawrence said she does not have a problem with the locations of the units.
Ms. Griffin feels that sound levels on this type of equipment is a problem and they will have to come back with a solution.
Mr. Pennella noted that once the generator is installed when they come out to do an inspection, they will be looking for the 62 decibel level because the worst case scenario is at night.
Ms. Lawrence asked Ms. Griffin if there is a problem with putting both units in the back of the house. Ms. Griffin said that she would have to check with the homeowner, but she did not think that it would make much of a difference in the noise level if it were put in the back.
Mr. Pennella explained that the sound level is measured at the property line; so if they were put in the back, they would be further away from the property line.
Ms. Brown stated that since the generator seems to be the noise issue, why can’t they put the a/c unit where the exiting one is with all of the hook-ups etc. and just install the generator in the back of the house.
Ms. Griffin referred to the code which states that the noise level is measured at a point 60 feet from the unit, not the property line. Mr. Shumejda said that he knows the code says it is from the property line and perhaps the entire code was not printed out.
Mr. Jolly asked when the noise level is tested by the Village. Mr. Pennella explained that once it is installed, a building inspector will go out to the site and test the decibel level of the units.
Mr. Shumejda said that Ms. Griffin should look into the Building Department files to see if the original a/c unit was approved and was issued a permit.
Ms. Lawrence asked that another site visit be scheduled before the next meeting.
Ms. Brown moved, seconded by Mr. Jolly to adjourn the hearing until the August 8, 2011 meeting.
NEW PUBLIC HEARING – Jeris – 17 Baylis Court (2-car garage)
There was not a quorum for this hearing because Mr. Jolly rescued himself; however, Ms. Lawrence agreed to open the hearing by having the Public Hearing Notice and the Environmental Review read into the minutes and to allow a preliminary discussion.
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, July 11, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Paul Jeris
17 Baylis Court
Tarrytown, NY 10591
for the following variances from the Zoning Code of the Village of Tarrytown for property located at the above address regarding the construction of a new two-car garage in front of the existing house and a lot line adjustment between the two properties:
1. 305-44 Existing Non conformities of existing lot:
a. Lot width at front of building is 47.7 ft. where 50 ft. is required.
b. Minimum side yard is 6.08 ft. where 15 ft. is required.
c. Minimum two side yards is 22.73 ft. where 30 ft. is required.
d. Minimum of 4 parking spaces required and none are provided.
2. 305-47-B
305-63-C-(3) Garage (accessory building) minimum front yard setback requires 20 ft. and 0 ft. is proposed. No structure is allowed in a required front yard.
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 6, Block 17, Lot: 80A and is located in an M-1 (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
Dale Bellantoni
Secretary
Dated: July 1, 2011”
Ms. Lawrence read the following Environmental Review by Michael Blau, Environmental Review Officer:
“This application for construction of a new garage in the front yard setback was reviewed by the Planning Board and a determination was made that the proposal will pose no significant adverse environmental impact.”
The certified mailing receipts were submitted and the sign was posted.
Board members visited the property.
Mr. Rui Arraiano of SFV Designs Inc. represented the property owners. Mr. Arraiano explained that the Jeris’s are looking to construct a two-car garage in the front yard. He said that the garage would take two cars off the street.
Ms. Lawrence asked if the existing house is a two-family house. Mr. Arraiano said he thought so since they were required to provide four parking spaces.
Ms. Lawrence asked what zone the property was in. Mr. Arraiano said it was in an M-1 zone.
Ms. Lawrence asked if this plan was brought before the Planning Board before and Mr. Arraiano said that it was and received approval at the May 23, 2011 Planning Board Meeting.
Mr. Shumedja explained that this property was brought before the Planning Board previously; but what was approved, was not built. This is a new application.
Mr. Jolly stated that the garage would be taking two public spaces off the street but not everyone always parks in the garage. Parking is very tight in the area and his concern is that no one else could use those two spots on the street in front of the garage and two more spaces would be lost with the house next door.
Mr. Arraiano explained that their goal was to provide off-street parking for all tenants.
Ms. Lawrence further explained that the concern is that all of the tenants would not use the parking provided and would use the public street for parking which would take additional parking spaces from the other residents on the street. Essentially you are taking street parking away, which is a concern of this board.
Ms. Lawrence asked if there was anyone present who would like to speak:
Ilda Simao who owns 3 Windle Park and 8 Windle Park. Ms. Simao said that many of the houses in that area that were built years ago did not provide parking and many people come to Windle Park to park their cars. If this garage and house is built, people from Baylis Court will come onto Windle Park to park their cars, leaving no space for the tenants of Windle Park.
Mr. Jolly asked if it was possible to switch the alternate side of the street parking on Baylis Court to the opposite side of the street which may free up more parking for the residents on Baylis Court. Mr. Shumejda said that was a decision for the Police Department.
NEW PUBLIC HEARING – Jeris – 17 Baylis Court (new 3-family house)
There was not a quorum for this hearing because Mr. Jolly rescued himself; however, Ms. Lawrence agreed to open the hearing by having the Public Hearing Notice and the Environmental Review read into the minutes and to allow a preliminary discussion.
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, July 11, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Paul Jeris
17 Baylis Court
Tarrytown, NY 10591
for the following variances from the Zoning Code of the Village of Tarrytown for property located at the above address regarding the construction of a new 3-family residence on the empty lot adjacent to existing house and a lot line adjustment between the two properties:
1. 305-44 - Existing Non-conforming lot width at front of building is 46.68 ft. where 50 ft. is required.
2. 305-11- Minimum side yard requires 15 ft. and 5 ft. is proposed.
Minimum two side yards requires 30 ft. and 14.5 ft. is required.
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 6, Block 17, Lot: 80 and is located in an M-1 (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
Dale Bellantoni
Secretary
Dated: July 1, 2011”
Ms. Lawrence read the following Environmental Review by Michael Blau, Environmental Review Officer:
“This application for construction of a new three-family house requiring variances was reviewed by the Planning Board and a determination was made that the proposal will pose no significant adverse environmental impact.”
The certified mailing receipts were submitted and the sign was posted.
Board members visited the property.
Mr. Rui Arraiano of SFV Designs Inc. represented the property owners. Mr. Arraiano explained that the Jeris’s are looking to construct a new three-family, two-story structure, with three two-bedroom units, measuring approximately 1,200 s.f each, which will require a variance for a side-yard setback. This structure will take two parking spaces from the public street but six on-site parking spaces are proposed.
Ms. Lawrence asked Mr. Arraiano to explain where the garages will be located. He said they will be under the house allowing one car to park in each garage and one car to park in front of each garage, totally 6 parking spaces. It will be tandem parking.
Ms. Lawrence asked if it meets the criteria. Mr. Shumejda said that it does.
Mr. Jolly asked if the garages are large enough to fit today’s cars. Mr. Arraiano said yes that they will measure 9’ x 8’ with a 10’ ceiling.
Ms. Brown asked about the lot line. Mr. Arraiano said that by moving the lot line it will give the new structure a wider lot and will give better access to the existing residence.
Ms. Lawrence asked Mr. Arraiano if the size of the house was reduced from the original approved plan. Mr. Arraiano said yes it was reduced, and he believes the original plan was for a four-family house.
Ms. Lawrence asked how large the proposed structure will be. Mr. Arraiano said it will be 72’ deep and 32’ wide. Ms. Lawrence asked if there would be a driveway in front of each garage. Mr. Arraiano said yes there would be.
Mr. Jolly asked how many rooms each of the three units will have. Mr. Arraiano said they would each have two bedrooms and would measure approximately 1,200 s.f.
Ms. Brown asked if variances were given to this project in the past. Mr. Shumejda said yes on a previous application. Ms. Brown asked what they were and Mr. Shumejda said he would have to look. Ms. Lawrence asked if they were for the garage as well. Mr. Shumejda said he would need the previous minutes for the specifics. It was agreed that the board would be supplied with the previous minutes before the August meeting.
Mr. Antonio Simao, owner of 3 and 8 Windle Park addressed the board stating that he if they build 4 garages, it will take 3 spaces off the street and he does not think that is a good idea because if the people on Baylis Court don’t have a place to park, they will come to his street to park.
Ms. Lawrence stated that most of the units on the street are non-conforming.
Ms. Lawrence asked to have another site visit before the August meeting.
Ms. Brown asked if the needed variances are before the lot line is moved or after it is moved. Mr. Shumejda said after it is moved. Ms. Brown said so they are moving the lot line and they will still need variances? Will the variances be required if they don’t move the lot line? Mr. Shumejda explained that by moving the lot line it give the existing house more space. It is now on an angle and by moving it; it straightens it out making it an equal distance between the two lots. Mr. Shumejda explained that basically what they did was take two rectangular structures and put the lot line equally between them.
Ms. Lawrence asked if there were any other questions.
Adjornment – 9:00 p.m.
Dale Bellantoni
Secretary
| 
