VILLAGE OF CROTON-ON-HUDSON, NEW YORK ZONING BOARD OF APPEALS MEETING MINUTES OF DECEMBER 10, 2003.
MEMBERS PRESENT: Donald Sapir, Chairman
MEMBERS PRESENT: Paul Rolnick
ALSO PRESENT: Joseph Sperber, Code Enforcement Officer
Deborah McCarthy, Village Board Liaison
Meeting came to order at 8:00 P.M.
The chairman of the Board announced the location of fire exits.
John Nikic, Farrinton Road. Section 78.08 Block 4 Lot 42. Located in a RA-5 District. Request for a total side yard variance with respect to a new one-family dwelling.
Nikic My name is John Nikic, I live at 70 Farrington Road. I was fortunate to have purchased a lot at 66 Farrington Rd. and I am now planning on building a home. I am requesting a total side yard variance. request total side yard. I have designed plans that include a bay window, which does not comply with the 2 ft. overhang rule. It will be a bay type window that is the full length of the room. I am requesting a total side yard variance.
Sapir What would your alternative be if the application is not granted?
Nikic We would continue construction without the bump out (bay-window). Unfortunately, I would have a square box for a home with very little character.
Sapir Any other questions?.
Witt The reason for the extension is esthetic?
Nikic Primarily. Most of the house fits with the character of the neighborhood. It is one story and no foundation.
Stephens It is just a bay window with a ledge for seating?
Nikic It is part of the room.
Stephens - The area on the inside of the window, will that be a seating area?
Nikic - It will be floor to ceiling.
Stephens I want to see the weight of it for support when you walk into it.
Barlow There is nothing underneath it?
Sapir If the application is not granted would you still have a window in that spot?
Nikic We looked at town laws and it said nothing can project beyond two ft., but we thought we were ok and not certain if the law applied to bay windows or roof lines.
Barlow- Do you have a building permit?
Nikic Yes, but this variance will determine if we continue as planned or as you vote.
This may be precedence in changing some of the laws for overhangs such as bay windows, etc. If it were a roof it would not be an issue but a bay window it is an issue.
No variance is required for an eave, but for an extension of the house and window overhang it needs a variance.
Sapir What side of the house is this on?
Nikic -Southern side
Sapir Any other questions?
There were no other questions.
Joann Jackson, Morningside Drive. Section 79.09 Block 6 Lot 32. Located in a RA-9 District. Request for the following variances: Area, lot width, side yard, total side yard and off-street parking (230-51D) variances with respect to a proposed dwelling.
Sapir The Board is in receipt of a letter from Maria Modica Snow, Atty., stating that due to another commitment, she will be at the meeting between 9:00 9:30 P.M. The Board has agreed to move the matter as the last item on the agenda.
Norman Sheer, Attorney for the neighbors Stated that he had no objection.
Danny Oks, 138 Maple Street. Section 79.05 Block 1 Lot 39. Located in a RB District. Request for an area variance, street setback variance (230-9 (A)(4)(e), maximum coverage variance and side yard variance.
Barbara Sarbin I am the President of “Something Good In the World, and the director is Donna Nicholson. The property is owned by Danny Oks. The original application for a variance had to do with the fact that we are applying to change from a daycare to a preschool and kindergarten. We need a Special Use Permit from the Village and to get it we were told we need zoning variance first. We have ascertained that the Zoning Law needed to be amended, because it allowed parochial schools, but not regular schools, but there is still a public hearing on that. In the meantime we are here to try and see if we can have these variances granted contingent upon that Zoning Law being changed.
The lot size that is required for a school is three acres. Because we do not have this we are seeking a variance. The house line also needs to be a minimum setback of 100 ft. from the street and we need a variance for it. We also need a variance with respect to existing coverage of the house and percentage of the area of the lot and the deck. We also discussed parking at the last meeting, but we were not noticed for parking.
The applicant stated that they use a paper street owned by the Village for off-street parking.
Waitkins Asked if public property could be used for private use?
Joseph Sperber, Code Enforcement Officer