ZBA February 12, 2003
VILLAGE OF CROTON-ON-HUDSON, NEW YORK
ZONING BOARD OF APPEALS MEETING MINUTES
OF FEBRUARY 12, 2003

A meeting of the Zoning Board of Appeals of the Village of Croton-on-Hudson, N.Y. was held on February 12, 2003.

MEMBERS PRESENT:  Donald Sapir, Chairman
                                        Rhoda Stephens
                                        Ruth Waitkins
                                         Witt Barlow

MEMBERS ABSENT:     Paul Rolnick


The meeting came to order at 8:00 P.M.


Sapir -  Announced the location of fire exists to all in attendance of the meeting.



HEARINGS:

Ivanka Dzajkic Olcott for Jose Margarida Pedrosa, 40 Elmore Ave., Located in a RA-5 District and designated on the Tax Maps of the Village as Section 79.09 Block 9 Lot 31.  Request for a side yard and total side yard variance with respect to a proposed addition.

The Board was in receipt of a letter dated January 23, 2003, from the applicant’s architect, requesting the hearing to be adjourned until the next scheduled meeting on March 12, 2003..

The Board agreed to adjourn the hearing until March 12, 2003.

Walter Schmidt, Sunset Drive, Located in a RA-5 District and designated on the Tax Maps of the Village as Section 79.09 Block 3 Lot 14.  Request for a height variance with respect to a proposed garage.

The Board was in receipt of a letter dated 2/11/03, requesting to withdraw his application.

The Board agreed to withdraw the application.
                                                                        Page –2-
                                                                        ZBA Minutes
                                                                        2/12/03


James & Margaret Barbieri, 13 Terrace Place, Located in a RA-5 District and designated on the Tax Maps of the Village as Section 78.08 Block 4 Lot 50.  Request for a front yard variance with respect to a proposed addition.

Mr.  Barbieri -  I have owned the property since 1990.  The property was originally built in 1928.  I am proposing to enlarge the living space.  Originally, there used to be a front porch, but it no longer exists.  We are proposing to extend the addition 7 ft. out the front.  It will provide a foyer.  As it is now, our front door opens into the bottom of the stairs to the second floor and our living room.  We will enlarge it by 7 ft.

Sapir -  What is the present measurement of the living room?

Barbieri – I am not sure.

Barlow – According to the plans it looks like it is twelve feet two inches wide and ten feet nine inches deep.

Sapir – I am having difficulty understanding how that will look.  Will there be a bump out?

Barbieri – No.  There will be no bump out.


Sapir – You have submitted partial elevation drawings.  You do not show the front elevations.

Stephens -  The over-hang, will that go past the site line of the existing over-hangs of the other properties of the site line going up the hill?

Beriberi – Every house on the street has a porch.  We no longer have a porch, it was removed.

Discussion followed over plans with respect to the distance of the proposed extension from the original house to the front property line.

Sperber -  The variance will need to include the covered portion.  Stairs and eves are exempt.

Sperber -  Section 230-40-E-(2), exempt’s unenclosed entrances.  You need to determine if this applies or it doesn’t.

                                                                                Page –3-
                                                                                ZBA Minutes
                                                                                2/12/03


Stephens – But, it also states that it is only applicable if the building otherwise complies with regulations of this subsection, and it doesn’t, it needs a variance.

Sapir -  What material will you be using for the stairs?

Barbieri – Concrete.

Sapir – Why are you extending out the front?  Why not extend towards the rear or side?

Barbieri – On the left is our driveway and the rear yard is already very small.  That is why we chose the front rather than the back.

Sapir -  For the record, the board has received a memo from the ZBA Secretary, stating that on February 5, 2003, a phone call was received from Rose Kollar, Terrace Place, she is your neighbor directly to the right of your property and she states that she has no objection to your request for a variance.

Sapir -  The siding and roof will match the existing structure?

Barbieri – Yes.

Sapir -  Are there any other questions?

There was no reply.



Hearing Closed.


Sapir – Made Motion to Grant a front yard variance of 5 ft. for the extension of the living room and 10 ft. for the portico (enclosed covered area over stoop) according to plans submitted.

Waitkins – Second the Motion.

Vote:  4-0 – In Favor – Sapir, Waitkins, Stephens, Barlow




                                                                        Page –4-
                                                                        ZBA Minutes
                                                                        2/12/03



Vasil Skyu, 1 Hunter Street, Located in a RA-5 District and designated on the Tax Maps of the Village as Section 78.08 Block 4 Lot 39.  Request for a side yard variance with respect to a proposed second story addition.

Skyu – I lie at 1 Hunter Place.

John Nickitch – 70 Farrington Road, I am a neighbor of Mr. Skyu and I am her to help represent him.  The house is pre-existing, non-conforming, the discrepancy is six (6) inches.  It is an older structure and it has a falling roof and front porch.  The applicant also wants to add a second floor, because he is in need of additional bedrooms.  I live next door on the south side of Mr. Skyu.

Sapir -  This application will permit the addition of two bedrooms?  Why don’t you bump-out instead of building a second story?

Nickitch -  It would be more expensive to bump-out.  It will be more conforming to the houses on each side of this property.  Now, there is an unfinished attic.  There will be bedrooms upstairs and a bathroom.  Downstairs, there will be a dining room and kitchen.

Sapir -  What will the proposed siding be?

Nickitch – Synthetic.  It will be more in character.

Sapir -  What roofing material will you use?

Nickitch – Shingle.

Sapir – Who lives there?

Nackitch – Mr. Skyu and his wife, and two children.

Stephens – You re the new current owner of record?

Skyu – Yes.

Sapir – Anyone else like to be heard?




                                                                Page –5-
                                                                ZBA Minutes
                                                                2/12/03



James Knight – 29 Palmer Avenue – I live directly across the street.  I am not so much concerned with the proposed construction, but I do have concerns, if they are planning on using it as a two-family house or illegal rental.  I am concerned about the protection of my neighborhood.

Sapir -  The use as a two-family is not permissible in the RA-5 District in which the property is located.

Sperber -  The only way to monitor ay illegal rental or use, is if someone in the neighborhood saw some illegal activity and reported it to our office.

Donna Clifford – 70 Farrington Ave. – I am in support of the application.  I have lived at my house three and one half years.  The house that is up for a variance was once an eyesore.  There has been a great improvement since the current owner has moved in.  All the houses on this street are two levels.  It will improve the character of the neighborhood. I have no objection to the application.

Sapir – Anyone else like to be heard?

There was so reply


Hearing Closed.


Stephens – Made Motion to Grant a side yard variance of six (6) inches with respect to a second story addition according to plans submitted.

Waitkins – Second the Motion.

Vote:   4-0 In Favor – Stephens, Waitkins, Sapir, Barlow



Respectfully submitted,


Janice Fuentes
ZBA Secretary
2/12/03

                                RESOLUTION


James & Margaret Barbieri,  has applied to the Zoning Board of Appeals of the Village of Croton-on-Hudson, request for a front yard variance with respect to a proposed addition.

The property, at 13 Terrace Place, is located in a RA-5 District and is designated on the Tax Maps of the Village as Section 78.08  Block 4 Lot 50

A public hearing having been held after due notice, this Board from the application and after viewing the premises and neighborhood concerned, finds:


There will be no undesirable change to the character of the neighborhood or detriment to nearby properties.

The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

The requested area variance is substantial, because of a Right-of-Way.

If the application were denied, it would cause a financial hardship to the applicant.

There were no objections from the neighbors.




NOW, THEREFORE, BE IT RESOLVED, that the application is hereby GRANTED as follows:

Sapir – Made Motion to Grant a front yard variance of 5 ft. for the extension of the living-room and 10 ft. for the portico (enclosed covered area over stoop) and according to plans submitted.

Waitkins - Second the Motion

Vote:  4-0   In Favor – Sapir, Waitkins, Stephens, Barlow


2/12/03




                                RESOLUTION


Vasil Syku,  has applied to the Zoning Board of Appeals of the Village of Croton-on-Hudson, request for a side yard variance with respect to a proposed second story addition.

The property, at 1 Hunter Street, is located in a RA-5 District and is designated on the Tax Maps of the Village as Section 78.08  Block 4 Lot 39.

A public hearing having been held after due notice, this Board from the application and after viewing the premises and neighborhood concerned, finds:


There will be no undesirable change to the character of the neighborhood or detriment to nearby properties.

The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

The requested area variance is not substantial.


NOW, THEREFORE, BE IT RESOLVED, that the application is hereby GRANTED as follows:

Stephens – Made Motion to Grant a Side yard variance of six (6) inches with respect to a second story addition and according to plans submitted.

Waitkins - Second the Motion

Vote:  4-0   In Favor -  Stephens, Waitkins, Sapir, Barlow


2/12/03