Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
December 12, 2011 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Maloney, Jolly, Brown, Weisel; Counsel Shumejda; Secretary Bellantoni
ABSENT: Member Maloney, Assistant Village Engineer Pennella
APPROVAL OF THE MINTUES – September 12, 2011 & November 14, 2011
Ms. Lawrence moved, seconded by Ms. Brown, and unanimously carried, that the minutes of September 12, 2011, be approved as submitted. Motion carried.
Mr. Jolly moved, seconded by Ms. Weisel, and unanimously carried, that the minutes of November 14, 2011 be approved as submitted. Motion carried.
CONTINUATION OF A PUBLIC HEARING – Jeris -17 Baylis Court Garage
Sam Vieira, project architect, explained that they were before this Board previously for the approval of a 3-family house next door to the Jeris' existing house at 17 Baylis Court. They were given approval for that house. They also brought before the Board a second project to construct a 2-car garage in front of the exist house at 17 Baylis Court. The Board vote resulted in a 2-2 vote with one board member rescuing. At Mr. Vieira's request, the Board agreed that he could come back to the next meeting with more information to support the requested variance.
Mr. Vieira submitted an alternative design with a long driveway along the north side of the house which would lead to two parking spaces at the back of the house. This design would also require a variance because the driveway must be 10' from the property line, which is impossible to do. There is a sheer drop off the north side of the property which would make it necessary to install a guiderail along the driveway. This driveway, even though it is not as wide as the garage, would take parking off the street. This design would also create more environmental and drainage issues than the original proposal.
Ms. Brown questioned if they would be allowed to cut the curb for this driveway. Mr. Vieira explained that the curb cut would be allowed because you are always allowed to gain access to your property via a driveway.
Mr. Vieira presented pictures of similar garages on Grove Street and Riverview Avenue in the Village to show that they do already exist in Tarrytown. Ms. Lawrence commented that they were all set back a bit from the street. She asked how many feet the Jeris' garage would be set back. Mr. Vieira said 5'-6'. Mr. Vieira also pointed out that they are all in the middle of fairly high traffic streets. Ms. Lawrence said that parking is not allowed on the same side of the street where the garages are located on Grove Street, but it is allowed on the same side on Riverview Avenue.
Mr. Vieira pointed out that the Village is presently creating a new parking lot with 18-19 spaces behind the Masonic Lodge which will be accessible to the Baylis Court neighborhood.
Mr. Jolly said it will require stickers. Mr. Vieira said it will be for the residents.
Paul Jeris, owner of 17 Baylis Court, commented that he parks in metered spots 2-3 times a week now; and without the garage, he will be one of the residents parking in the new lot. He feels that the new lot will help the parking situation in the neighborhood.
Mr. Jeris presented letters from residents of 2 and 6 Baylis Court and from 69 Main Street in support of the garage (copies attached). Mr. Jeris spoke to the tenants in six of the seven homes on Baylis Court and all were in favor (the 7th was not available).
Michael Hernandez of 13 Baylis Court spoke in favor of the project. He feels that adding an extra space is a benefit to the neighborhood and he also feels it will be safer for the children on the street.
Marion van der Mere of 73 Main Street said that both she and her husband are in favor of the project. She feels it will add parking to the street. She also feels that it will be tastefully done which will enhance the look of the neighborhood.
Jesse Agular of 13 Baylis Court is in favor of the project because the garage will open up the back end of the street which will allow the children to play safely.
Ms. Brown asked how they are adding a parking space.
Ms. Lawrence said they are not adding a parking space; they are taking away a parking space and gaining a garage.
Ms. Lawrence read letters from Marion van der Meer of 69 Main Street, Gavin Reilly of 69 Main Street, Misty and Jose of 6 Baylis Court, and Maryann Fields of 2 Baylis Court.
Mr. Vieira mentioned that he met with the Chief of Police who wrote a letter to the Board. He then had a meeting with the Fire Chief and his feeling was that the garage will eliminate parking in the dead end which would allow more space for the fire truck to access the houses on Baylis Court as well as the rear of the properties on Main Street and Central Avenue.
Ms. Lawrence stated that she had a concern about taking parking off the street. They will be taking away two spaces in front of the house and one in front of the garage for a total of 3 spaces. They never like to take away parking spaces from the street. She feels it will set a precedent. She feels everyone should be taken into consideration; the residents, the people shopping on Main Street, commuters, etc. They all need parking and all should be considered. Logically it does not make sense for the residents of the Village.
Mr. Vieira stated once again that they will be taking away three spaces but since the Jeris' cars will be put in the garage, only one space will be taken away from the street.
Ms. Brown asked for confirmation from Mr. Shumejda that the property owner has the right for a curb cut to enter their property. Mr. Shumejda said they do have the right for a curb cut.
Mr. Jolly asked how many feet are being taken away for curb cuts. Mr. Vieira said 15'-16'.
Mr. Vieira asked for an adjournment to next month when the whole board will be present to make a decision. The Board agreed.
NEW PUBLIC HEARING – Fox – 42 North Washington Street
At the request of the applicant, the application was adjourned to the January 2012 meeting.
NEW PUBLIC HEARING – First Korean Methodist Church – 18 Walter Street
The return receipts were received.
The sign was posted.
Board members visited the site.
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, December 12, 2011 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by
The First Korean Methodist Church
500 S. Broadway
Tarrytown, NY 10591
for a variance from the Zoning Code of the Village of Tarrytown for property located at 18 Walter Street to remove an existing non-conforming shed and replace it with a larger shed which will encroach into the rear and side yard setbacks requiring the follow variances:
• 305 Attachment 5:1 - Minimum For Each Side Yard (FT):
o Required: 12’
o Existing: 1’
o Proposed: 1’
• 305 Attachment 5:1 – Minimum For Rear Yard (FT):
o Required: 26’
o Existing: 2’
o 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 25, Block 74, Lot 10 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: November 28, 2011”
John Kwak introduced himself as a church member and representative for the Church in the matter of this requested variance. Mr. Kwak explained that the property in question is where the Church Rectory is located, which is owned by the Church. Previously there was a very large shed on the Church property which was taken down. The existing shed is a very old pre-existing non-conforming structure, 12' x 12', which they would like to replace with a larger, more aesthetically pleasing shed which would be 8' larger in depth and the width would be reduced by 2'. It would be placed in the same location as the existing shed which presently encroaches into the rear and side yard setbacks. It would not affect the privacy of the neighbors at 14 Walter Street because they have a hedge along the entire property line which is
8.5' in height.
Ms. Lawrence asked if they considered moving it onto the larger piece of property.
Mr. Kwak said they would like to keep the residential space separate from the Church space.
Mr. Jolly asked what the shed is used for. Mr. Kwak said it is used to store salt, snow blowers, lawnmowers, landscape equipment, etc. which is used all the time by the Church. There is also a safety issues because some of this equipment is outside right now because there is no room for it in the present shed.
Ms. Lawrence asked if the Church had a basement. Mr. Kwak responded that it does not.
Ms. Lawrence read a letter from Ildiko Szalay of 14 Walter Street (copy attached) who has no objection to the new shed but would like it 5' from the property line so that the leaves and debris which collects behind it can be cleaned out.
Mr. Shumejda stated that there are additional variances required because it is within the 100' wetland's buffer as shown on the plan (see flags). It must be 100' from the wetland buffer and presently it is about 60'. He said it would be best if it could be re-located out of the wetlands buffer. If they choose to keep it on the rectory property, the case will have to be re-noticed to include the variance to encroach into the wetland buffer.
Ms. Brown asked if they could grant a variance in the wetlands buffer. Mr. Shumejda said that the issue was brought up before the Planning Board for a prior application for the Church. He suggested that the minutes from the prior application be provided for the next meeting.
Mr. Shumejda said it would be best to get it out of the buffer.
Ms. Lawrence asked the neighbor how far her garage is from the property line. Ms. Szalay said it is about 5' in the rear and about 6" on the side.
Mr. Kwak said it might be better to move the shed behind the neighbor's property on the Church property. Ms. Lawrence said that might be a solution.
The Board agreed to continue the hearing at the January 2012 meeting.
Adjournment: 9:15 p.m.
Dale Bellantoni
Secretary to the Zoning Board
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