Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
November 13, 2012; 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Maloney, Jolly, Brown, Weisel; Counsel Shumejda; Secretary Bellantoni
ABSENT: Chairwoman Lawrence; Assistant Village Engineer Pennella
Mr. Maloney chaired the meeting in the absence of Chairwoman Lawrence
APPROVAL OF THE MINTUES – October 9, 2012
Ms. Brown moved, seconded by Ms. Weisel and unanimously carried, that the minutes of October 9, 2012, be approved as submitted. Motion carried.
NEW PUBLIC HEARING – McCaffrey – 60 North Washington Street
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 Tuesday, November 13, 2012 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Patrick and Theresa McCaffrey
60 North Washington Street
Tarrytown, New York
for the listed variances from the Zoning Code of the Village of Tarrytown for property located at the above address for an extension of previous variance to park to street property line and to side yard property line in the current area which is paved and used for access/parking. This property is an existing non-conforming property.
305-47 B - Obstruction in yards (Parking):
Permitted Existing Proposed Variance Requested
305-47 E(1) Corner Lots:
- Side Front 20’ 10” 0’ 20’
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 1.40, Block 14, Lot 11 and is located in an M-2 (Multi-Family Residence) 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”
The certified mailing receipts were submitted
The sign was posted
The Board members visited the site
Mr. McCaffrey introduced himself and explained that they would like to rip up the existing blacktop and flatten the cement area that is on their property and make it a grass play area for their children. Since this is a two-family house, they are required to have two parking spaces for each unit. Presently there are parking spaces on the paved area. Mrs. McCaffrey explained that all four parking spaces would be along the left rear side of the property on Dixon Street; two within the cedar fence and two outside the cedar fence along the property line.
Mr. McCaffrey said that since they only have one car and their tenant also only has one car, they will use the fenced-in parking space as a patio during the summer.
Mrs. McCaffrey said they already went before the Architectural Review Board and received approval.
Mr. Maloney asked if anyone had any question.
Fautin Kari, mother of Kara Pena, homeowner of 58 North Washington Street who could not be present, expressed a concern about drainage. Mrs. McCaffrey said they have addressed the drainage on their plans. Mr. Maloney explained that the Building Inspector will look at the plans and make sure that the drainage is addressed properly.
Ms. McCaffrey said the contractor is going to slope the area so that water will drain onto Dixon Street. She said water has always been a problem with water in their basement so they will be sure to address it.
Ms. Brown asked if water drainage has been a problem. Ms. Kari said no it has not been. She said they do not get water in their basement.
Mrs. McCaffrey said that all of the cars on Dixon Street park at the sidewalk, so they will just be doing what everyone else is doing.
Ms. Brown said it should be made clear that this is a movable fence. Maybe it should be called a gate instead of a fence.
Mr. Maloney read the following Environmental Review from Michael Blau, Environmental Review Officer, dated November 13, 2012:
“I have reviewed this application for variances to allow parking in the rear yard and side front yard setbacks. One purpose of these setback requirements is so parking will not be directly abutting the street. This application does pose an environmental concern based upon the proposed proximity of the new parking spaces to the public street, and the Board will have to carefully evaluate whether what is being proposed poses a benefit to the area in order to justify granting these variances.”
Ms. Brown asked if the curb cut will be made larger and would they be taking away any parking on Dixon Street. Mrs. McCaffrey said the curb cut will be the same and stated that there is parking for about three cars in front of the curb cut.
Ms. Weisel moved, seconded by Mr. Jolly that the Board determines there will be no significant adverse environmental impact as a result of granting the requested variance for 60 North Washington Street. All in favor; motion carried.
Ms. Brown moved, seconded by Mr. Jolly, subject to the approval of the Building Inspector and having arrived at the following Findings required by the ordinance:
1. That no undesirable change will be produced in the character of the neighborhood nor will a detriment to nearby properties be created by the granting of the area variance;
2. That the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance;
3. That the requested area variance is not substantial;
4. That the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
5. That the alleged difficulty was not self-created which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
Grants the requested variances as stated above for 60 North Washington Street. All in favor; motion carried.
ADJOURNMENT
Mr. Jolly moved, seconded by Ms. Brown, and unanimously carried, that the meeting be adjourned – 8:30 p.m.
Dale Bellantoni
Secretary
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