ZBA March 10, 2004
                                                        DRAFT FILED:  3/22/04
                                                        FINAL APPROVAL:  4/14/04


VILLAGE OF CROTON-ON-HUDSON NEW YORK
ZONING BOARD OF APPEALS MEETING MINUTES OF MARCH 10, 2004

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.


APPROVAL OF MINUTES:

2/11/04 – Sapir – Made Motion to accept the minutes as corrected
               Stephens – Second the Motion
               Vote:   3-1  - In Favor – Sapir, Stephens, Barlow
                                    Abstained – Rolnick


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



HEARINGS:

Matthew Smith, 14 Emerson Ave., Located in a RA-5 District and is designated on the Tax Maps of the Village as Section 79.09 Block 2 Lot 25.  Request for a side yard variance with respect to a proposed addition.

Mathew Smith - The house was built in 1949.  I am requesting a side yard variance of 4 ft. 8 ? inc. on the northwest side.  The addition will be within the existing footprint.  This will increase the degree of non-conformity.  

Justin Casson, 60 Radnor Ave. and Valerie Leis of 74 Radnor Ave. had no objections to the proposed addition.


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After the Board reviewed the application and the five factors for consideration the hearing was closed and the following decision was made:

Rolnick – Made Motion to Grant the application according to plans as submitted for a 4 ft. 8 ? in. variance, thereby increasing the north west side yard nonconformity with respect to a proposed addition and according to the following condition:

                    Any future additions that will increase the degree of non-conformity will require a new hearing.

Stephens – Second the Motion

Vote:  All Ion Favor -  Rolnick, Stephens, Sapir, Barlow




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 to renew a previous variance that was granted on 2/12/03 and expired on 2/12/04, with respect to a proposed addition.


James Barbieri stated to the Board that he was requesting to renew a previous variance that he Board had granted on February 12, 2003, that expired on February 12, 2004.  Mr. Barbieri stated that the contractor he had hired was not able to start the construction before the variance expired.  Mr. Barbieri stated that no construction has taken place.  Mr. Barbieri also stated that there will be no changes to the original plans that were presented to the Zoning Board on 2/12/03.  The renewal request is based on the same plans.

The Board agreed that since the applicant was not requesting any changes to his original request on February 12, 2003, the original Resolution could be renewed.


Hearing Closed.



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After deliberations the Board made the following decision.

Stephens – 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 dated 1/3/03 and originally submitted to the ZBA on 2/12/03.

Rolnick – Second the Motion

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


Danny Oks (property owner) “ Something Good In The World Inc.” (Lessee), 138 Maple Street, Located in a RB District and designated on the Tax Maps of the Village as Section 79.05 Block 1 Lot 39.  Request for a variance with respect to Section 230-9-A(4), 4 (b), 4 (d), for a lot area variance, maximum coverage variance and street line variance with respect to a proposed “Preschool and Kindergarten”.

Barbara Sarbin, President of “Something Good In The World”, Donna Mikkelson, Director of “Something Good In The World”, and Danny Oks, the owner of the property were present at the hearing.

The applicant stated that she was requesting to re-apply to the board for a variance regarding a matter that the Board had previously considered in a different application.  The applicant stated that she will need a Special Use Permit also from the Village Board , but prior to obtaining it she needs variances from the Zoning Board of Appeals in order to meet the requirements for a school, Group Family Day Care Home.  

The applicant stated that in its previous decision the Zoning Board of Appeals denied its application indicating that the applicant should first obtain the Special Use Permit from the Village Board, but she has been advised that the Zoning Board of Appeals should act before the Village Board.

Mrs. Sarbin – Stated that there will be no more than 24 students enrolled in the preschool/kindergarten.

Discussion followed over the traffic in the area and safety issues with dropping off and picking up the children and procedures followed when transporting the children to nearby parks and play areas.

Many parents of children attending the facility attended the hearing and spoke in favor of the application.

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Guy Felexbrad, Husband of the Director, who also resides at 138 Maple Street, assured the Board that all of their safety issues and concerns that were addressed in deciding the prior application had been discussed at a meeting of the staff and parents.

Other persons who attended the meeting and spoke in favor of the application are as follows:

Nicole & Gerrod Channing          Bertie Fiero              Susan Garcia     Terese Giammaico
28 Quaker Bridge Road               32 Penfield Ave.       Mahopac           1 Briar Lane
Cortlandt                                      Croton                                                 Crompond


Nikia Caprice           Eruc Foxhill                Joe Stagliano       Constance Byno
Cortlandt                     113 Overlook Ave.         29 Olcott Ave.         45 Stage Coach Rd.
                                   Peekskill                         Croton                      Cold Spring



The applicant submitted pictures for the record.

It was stated that the children enter thru self locking gates that are 63 ft. from the road.  The lock is five feet higher and cannot be reached by the children.  It was also stated that it would be possible to advise parents to drop off and pick up on side street.  Children attending will be three to seven years old.

Neighbor Mrs. Phyllis Vonderheide, daughter of Veronica Matonte at 136 Maple Street – Stated that she was misquoted in the ZBA minutes of December 10, 2003.  She stated that she did not say there was a problem with parents from the daycare blocking her mother’s driveway when dropping off and picking up their children, it was only during rush hour traffic.

Mayor Robert Elliott – Stated that he highly respected the Zoning Board of Appeals and their diligence in making their determinations and decisions and the Village Board will uphold whatever decision the ZBA makes and the Village Board will give consideration to all of the concerns and conditions stated by the ZBA.  Mr. Elliott also stated that although this application has not gone before the Village Board yet, he was confident that this application was one the Village Board would support.




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Deborah McCarthy, Village Trustee, stated that she objected to Mayor Elliott making a statement before the ZBA supporting this application on behalf of the Village Board when the Village Board has not even reviewed the application yet.  Therefore, he cannot make any representation as to how the Village Board will respond.

Sapir - This is not the appropriate time or place for discussion of what the Village Board will do.  This Board understands that Mayor Elliott is giving his assurance that the Village Board will give full consideration to the decision of the Zoning Board.  


Hearing Closed.


Rolnick – Made Motion to Grant the following variances with the following conditions.

                Variances Granted:

1.      Minimum Lot Size variance for a school of 2.8278 Acres.
2.      Street Setback variance for a school of 87.6 ft.

    Conditions:

1.      That the School is operated by, “Something Good In The World.”
2.      The number of students attending and present at school at any given time is limited to 24.
3.      The paper road adjacent to the premises will not be used to drop off or pick up children.

Barlow – Second the Motion
Vote:  3-1 - In Favor – Sapir, Rolnick, Barlow
                  Against – Stephens



Michael DePalma, 62 Lexington Drive, Located in a RA-5 District and is designated on the Tax Maps of the Village as Section 79.09 Block 4 Lot 33.  Request for a Total side yard variance with respect to a proposed addition to an existing deck.

Michael DePalma – Stated that he was requesting a variance to enlarge his deck.  The existing deck was built in the 1980’s.  The house is in contract for sale and the sale is contingent on the applicant getting the variance.
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The Board noted that part of the application was for the existing deck, which was not being taxed.

After questioning the applicant, it was determined that a total side yard variance of 2.97 ft. was needed.


No one spoke in opposition of the application.


Hearing Closed.


Sapir – Made Motion to Grant a total side yard variance of 2.97 ft. according to plans submitted and with the following conditions.

        The deck shall be enclosed with lattice work with hinges for access to above
ground oil tank.

Barlow – Second the Motion

Vote:  All in Favor – Sapir, Barlow, Stephens, Rolnick



Herbert Doran, 32 Elmore Ave., - Located in a RA-5 District and is designated on the Tax Maps of the Village as Section 79.09 Block 9 Lot 34.  Request for a side yard and rear yard variance with respect to a proposed new garage.


Herbert Doran – Stated that after submitting his application for a rear yard and side yard variance he decided to reposition the proposed garage five feet away from the rear yard.  Therefore, he will only need a 3 ft. variance in the south east side yard.  The applicant stated he resides at 30 Elmore Ave. and is also owner of 32 Elmore Ave. which is now vacant.  The applicant stated he transferred a portion of land 3 ft. wide from 30 Elmore to 32 Elmore.  He also stated that if he were to move the garage over three feet, he would not be able to access the garage.  The applicant also stated that his proposed construction




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will only add to the character and value of the neighborhood and due to the shape of the property there is no other way for him to have no ill effect or negative impact physically or environmentally on the neighborhood.  The alleged difficulty was not self created.

Hearing Closed.


Stephens – Made Motion to Grant a side yard variance of 3 ft. for the proposed garage according to plans submitted and with the following conditions:

1.      The applicant will plant and maintain screening with a specie of the evergreen variety according to the Village Engineer’s approval along the south east side of the property.
2.      The siding of the garage will match the house at 32 Elmore Ave.

Rolnick – Second the Motion
Vote:  All In Favor – Stephens, Rolnick, Sapir, Barlow


DISCUSSIONS:

The Board Members acknowledged that his will be Deborah McCarthy’s last meeting with the ZBA since she was resigning as Village Board Trustee and ZBA Liaison and thanked Ms. McCarthy for her diligence and support during the past several years as Village Board Liaison.


At the conclusion of the meeting the ZBA Secretary advised the Board that she had inadvertently deleted the minutes of March 10, 2004, from her laptop computer.  The Board agreed that if the minutes could not be recovered the Board would use their best effort to help create accurate accounting of what transpired at the meeting.   In the interim the ZBA Secretary requested to submit draft minutes based on her recollection of what transpired during the meeting and forward them to the Board for their review.



Respectfully submitted,


Janice Fuentes
ZBA Secretary
3/10/04