Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
December 10, 2012; 8:00 p.m.
PRESENT: Chairwoman Lawrence; Members Maloney, Jolly, Brown, Weisel; Counsel Shumejda; Secretary Bellantoni
ABSENT: Assistant Village Engineer Pennella
APPROVAL OF THE MINTUES – November 13, 2012
Mr. Maloney moved, seconded by Ms. Weisel, and unanimously carried, that the minutes of November 13, 2012, be approved as submitted. Motion carried
PUBLIC HEARING – Sampaio – 123 Grove 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 Monday, December 10, 2012 in the Municipal Building, One Depot Plaza, Tarrytown, New York to hear and consider an application by:
Joao Sampaio
123 Grove Street
Tarrytown, New York
for the following variances from the Zoning Code of the Village of Tarrytown to increase the existing non-conformity for property located at the above address in order to legalize a rear addition:
Total Gross Floor Area (FAR):
Permitted: 2150 sq. ft. (43%)
Existing: 3691.13 sq. ft. (74%)
Proposed: 3781.58 sq. ft. (75%)
Variance: 90.45 sq. ft. (1%)
Side Yard Setbacks: One Side Yard Two Side Yards
Required: 12’ 26’
Existing: 2.41’ 13.49’
Proposed: 2.41’ 13.49’
Variance: 9.59’ 12.51’
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 1.80, Block 54, Lot 1 and is located in an R-10 (Single-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
Dated: November 30, 2012”
The certified mailing receipts were submitted and the sign was posted
Board members visited the property.
Sam Vieira, architect for the applicants, introduced himself and explained the project as follows:
His clients, the Sampaios, enclosed an existing covered porch in the rear of their house without obtaining a building permit; and as a result, they were issued a “stop work order” by the Building Department. They are before the Zoning Board because by enclosing the covered porch, they are increasing the FAR as well as adding to the existing non-conformity of the side yard setbacks. Mr. Vieira explained that the house is on a 5,000 s.f. lot in an R-10 zone. The calculations only allow a 2,150 s.f. house, which is 43%. The existing house is 3,691.13 s.f., which is 74%. The proposed enclosure will only increase the square footage by 90.45 s.f. to 3,781.58 s.f., or 75%; an increase of 1% in the FAR. Most of the houses on the street are similar in size and do not meet the zoning requirements.
Several houses on the street have porches and additions similar to the Sampaios.
Mr. Vieira does not agree with the Building Department that a variance is needed for the side yard setbacks since the existing porch is covered. According to the Zoning Code, a covered porch is a structure which must conform to the setbacks and enclosing it does not change that; it only changes the FAR. He asked Counsel Shumejda to comment.
Counsel Shumejda said you would have to do an analysis of whether or not that porch was built as an existing CO or with another permit. He felt it was a reasonable request to have that variance granted to avoid any issues.
Chairwoman Lawrence invited anyone from the audience to speak.
Kay Poke, 20 Benedict Avenue, asked if this is something that Tarrytown does; approves after the fact. Chairwoman Lawrence said that the Board takes it case-by-case and she has been on the Board for many, many years and can’t remember the most recent case where this was done.
Ms. Brown said this is not what we like to see and it is certainly not the norm.
Ms. Poke asked why this house was allowed to be so large in the first place. Ms. Lawrence explained that many large houses in Tarrytown are existing non-conforming because they do not meet the present day’s zoning; and in most cases, any addition requires a variance.
Ms. Weisel asked if the variances include the new rear porch. Mr. Vieira said no because it is within the zoning.
Ms. Brown asked if there is a penalty when someone starts a project without a building permit. Mr. Vieira said the permit fees are doubled, if you are able to get a permit.
Chairwoman Lawrence read the following statement from Michael Blau, Environmental Review Officer dated December 10, 2012:
“I have reviewed this application regarding enclosing the existing covered porch of the existing house and determined the proposal appears to pose no significant adverse environmental impact.”
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 variances for 123 Grove Street.
Ms. Brown 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 no undesirable change will be produced in the character of the neighborhood nor will a detriment to nearby properties be created by the gr anting 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 above-referenced variances for 123 Grove Street.
ADJOURNMENT
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the meeting be adjourned – 8:30 p.m.
Dale Bellantoni
Secretary
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