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ZBA June 11, 2003
VILLAGE OF CROTON-ON-HUDSON, NEW YORK
ZONING BOARD OF APPEALS MEETING MINUTES OF JUNE 11, 2003

MEMBERS PRESENT:        Donald Sapir, Chairman
                                               Rhoda Stephens
                                               Paul Rolnick
                                               Witt Barlow

MEMBERS ABSENT:  Ruth Waitkins

ALSO PRESENT:            Joseph Sperber, Code Enforcement Officer


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

The Chairman of the Board announced the location of fire exists to all in attendance of the meeting.


APPROVAL OF MINUTES:

5/14/03 – Stephens – Made Motion to approve as corrected
               Rolnick – Second the Motion
                 Vote:  4-0 – Stephens, Rolnick, Sapir, Barlow

HEARING:

Joseph Clements, 8 Hunter Place.  Section 78.08 Block 4 Lot 21.  Request for rear yard and total side yard variance with respect to a proposed deck and second story addition. (Adj. on May 14, 2003)

Mr. Clements, Architect – I have brought will me drawings of the elevations and there are three site plans shown across the bottom.  The drawings show the existing conditions of the one story house and an existing wood deck on the west side.  The southerly wall of the house encroaches the side yard by nine feet due to the result of a transfer of a portion of this property to a neighbor for a parking area.  The 1983 variance granted a side yard reduction for this property.

What we are proposing to do is extend to the west, but a portion of the eight-foot addition extends over the side yard, so it is a two-foot by zero triangle over the side.   

Discussion followed over plans.

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Clements – The rear yard has a twenty-five foot setback without the proposed deck.  The last site plan sheet shows conditions that we would have to build to, if a variance is not given.   The proposed height will be nine feet from what the existing height is now.

Discussion followed over plans.

Clements - To the west there are no houses visible.

Sapir – What is the measurement of the rear yard variance that you are requesting?

Clements – 5 ft. 9 in. and the total side yard variance is 2.06 ft.

Stephens – Looking at the lower picture on your right that says “existing wood platform” would the variance include that space would that be removed completely?  Is the deck coming off?

Clements - We are proposing to extend that deck back towards the street.  The side platform will only be used for ingress and egress and there will be no doors on the side of the house.

Barlow - Is there living space on the ground floor?

Clements - Not now, maybe eventually a playroom for my grandson.  Underneath the deck will remain open. We would prefer to keep it open.

Stephens – Had question regarding the existing and proposed setbacks.  Discussion followed over plans.

Clements – The platform is within the eight-foot side yard setback and that platform will be from grade out to the back.

Stephens– I am concerned about storing things under the deck.

Mr. Clements Jr. – No. I will be planting pacasandra and other ground cover.  There will be no storage.

Rolnick – When the transfer of the property happened, are you interpreting that in the granting of this variance with respect to the side yard?

Clements –Yes, only from the existing house.

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Rolnick – So you are here only for what is past the original footprint?

Clements - Yes.

Sperber – The variance that was granted gives them that side yard.  

Discussion followed over plans with respect to how much of the side yard is covered by the previous variance that was granted.

Sapir – Mr. Ruben, the neighbor that was at the meeting last month, is he going to lose a
View?

Mr. Clements Jr. - The houses are staggered so it is not exactly obstructing the view.

Stephens – But, that was not one of his concerns and he knew about the proposed second floor.

Rolnick – What about the other neighbor?

Clements -  I have had no conversations with him.  He was noticed.   Aside from this deck,  nothing I do will affect him.  

Rolnick – The neighbor on the right is most impacted.

Clements – But,  he has not voiced any objections or comments and he was noticed.

Sapir - Any other questions?


There were no other questions.


Hearing Closed.

Decision:

Stephens – Made Motion to grant a 5 ft. 9 in. rear yard variance and a 2.06 ft. total side yard variance according to plans submitted.

Rolnick – Second the Motion

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

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DISCUSSIONS:

Memorandum dated 5/20/03, from Daniel O’Connor, Village Engineer, to The Zoning Board of Appeals.  Re:  Expired Variances, Section 230-76D of the Village Code.

The Chairman of the Board acknowledged receipt of a memo dated 5/20/03, from the Village Engineer, with respect to variances that have expired.  The Village Engineer requested that the Board advise all applicants of the provision in Section 230-76D of the Village Code, which states that variances shall become null and void unless work is commenced and diligently prosecuted within one year of the granting of a variance.  The Village Engineer also requested that all variances state this provision.



Amy Cotton, Grand Street, - Proposed Awning/determination.

Joseph Sperber, stated to the Board that Amy Cotton has inquired about the necessity of having to apply for a variance for a proposed awning, which is necessary for heath reasons.  Mr. Sperber stated that Ms. Cotton, will need to go before the Planning Board for approval and if the Zoning Board deemed it necessary for her to apply for a variance, she would like to apply to both Boards at the same time, in order to expedite the approval process.  The awning will be necessary for the coming summer months.

The Board agreed that Ms. Cotton should apply for a “Determination” and to submit her application in time for the next meeting date, which will be July 9, 2003.



Respectfully submitted,



Janice Fuentes
ZBA Secretary
6/11/03




                                RESOLUTION


_Joseph Clements , has applied to the Zoning Board of Appeals of the Village of Croton-on-Hudson, request for a rear yard and total side yard variance with respect to a proposed deck and second story addition.

The property, at 8 Hunter 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 21.

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.

The neighbors who will be affected did not object to the application.

The proposed construction will be attractive and will be an improvement to the neighborhood.

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




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

Stephens – Made Motion to grant a 5 ft.  9 in. rear yard variance and a 2.06 ft. total side yard variance according to plans submitted.

Rolnick – Second the motion.

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




According to Section 230-76 (D), “Unless work is commenced and diligently prosecuted within one (1) year of the date of the granting of a variance or special permit, such variance or special permit shall become null and void.”



6/11/03