ZONING BOARD OF APPEALS. Meeting Minutes November 15, 2016

Transcription

1 (914) Telephone (914) Facsimile ZONING BOARD OF APPEALS TOWN HOUSE ANNEX 337 ROUTE 202 SOMERS, NY Victor Cannistra, Chairman Ronald Carpaneto Arnold Guyot Bill Harden Bruce Prince Umberto Santaroni Robert Scorrano Meeting Minutes November 15, 2016 The members present were:,,, Mr. Harden,, and. Mr. Scorrano was absent. Building Inspector Efrem Citarella, the applicants and interested residents were also present. opened the meeting at 7:30 p.m. with the Pledge of Allegiance. APPLICANTS: ROAD RUNNER REALTY CORP. BZ18/ An application for an Area Variance for a sign which exceeds the maximum height, located in a Neighborhood Shopping District at 250 Mahopac Avenue, Yorktown Heights. The property is shown on the Town Tax Map as Section: 4.19, Block: 2, Lot: 20. RE: Section Schedule Stefan Schwarze addressed the Board. He is the owner of Discipline Training Studio located at 250 Mahopac Avenue. He is seeking a 1 height variance for the sign for his new business. He met with the Architectural Review Board on October 27, 2016 and although the members had no objection to the sign, they could not approve it as submitted since it exceeds the 2 maximum height requirement. A memo from the Architectural Review Board was received by the Zoning Board of Appeals stating such. The sign will be centered in the gable over the front entrance and reads DISCIPLINE on the top line and TRAINING STUDIO 24 HR GYM on the second line. All letters are white and the background is black. Gooseneck lighting will be added to each corner of the sign, which is 13 long by 3 high. 1

2 made a motion for a Type II Action. seconded the motion. made a motion to approve the 1 height Area Variance for the sign. Mr. Carpaneto seconded the motion. The Area Variance was granted. CHRISTINE BESHAR BZ19/ An application for a Special Exception Use Permit to raise and house alpacas; and a determination as to whether or not an alpaca is a medium or large animal, located in an R-40 Residence District at 413 Route 202, Somers. The property is shown on the Town Tax Map as Section: 6.20, Block: 1, Lot: 33. RE: Section Schedule : A and C (2) and (3). Christine Beshar addressed the Board. The Stone House is for sale and the potential buyer would like to purchase it to be used as a residence, as well as to raise and house alpacas. She is seeking a Special Exception Use Permit and a determination as to whether or not an alpaca is a medium or large animal. The potential buyer Frauke Berman addressed the Board. She would like to reside in the Stone House with her four children and would eventually like to bring her alpacas to the property. Before she can purchase the home, she must have reassurance that the alpacas will be permitted. Currently Ms. Berman owns four alpacas, two of which are pregnant and they are boarded at the Little Creek Farm located at 321 Hardscrabble 2

3 Road in North Salem. Ideally, in the future, she would like to increase the herd to 50. Alpacas are closely related to llamas, but are much more docile and smaller. They don t bite, average between 120 and 155 pounds, have paws, eat hay as well as grass and drink water. Alpacas are quiet as they only hum and they birth once yearly. She is interested in breeding a higher quality of alpacas for their wool, which is cashmere. They will be kept in the barn and pasture. Ultimately 6 to 7 acres is needed and fencing with a maximum height of 6 will have to be installed. As there are wetlands on the property, had some concerns about the location of their droppings. They are nomadic animals, will only go in a dry spot and continue to use that same area. He also asked if there is a maintenance plan for keeping the areas clean. Building Inspector Citarella reminded him that the Code of the Town of Somers dictates that process and must be followed. Ms. Berman responded that the areas will be raked and cleaned daily. Only one or two part-time employees will be needed to handle these tasks. Mrs. Beshar s daughter Fritz Beshar addressed the Board. Alpacas are mountain animals and will roam behind the house. The wetlands portion of the property is not in this area. Christine Traina of 410 Route 202 addressed the Board. She is asked if alpacas smell and wanted to know if getting their wool off them will be a humane process. Ms. Berman responded that they are not as smelly as goats or horses and are sheared yearly in May by someone who is trained to do so. Joseph Sencen of 5 Summit Circle addressed the Board. His property abuts the applicant s to the west. Mr. Sencen wants to make sure the fence installed will be on their property and that applying for a Special Exception Use Permit doesn t change the zoning. He also suggested that the hillside be looked at as it is very steep and has no grass. Coyotes can also be an issue in this area. Ms. Berman responded that they will not go in areas that are densely populated with trees, nor will they eat the trees. It was agreed that a survey of the property, as well as a topography map be supplied to the Board members with the areas that the alpacas will be kept marked off. In addition they would like to visit the Beshar property and Little Creek Farm. Mrs. Schirmer will make all these arrangements. made a motion that an alpaca is a medium animal. seconded the motion. Abstained 3

4 An alpaca is a medium animal. The Special Exception Use Permit portion of the application has been adjourned to the December 20 meeting. INSITE TOWERS DEVELOPMENT, LLC BZ20/ An application for a Special Exception Use Permit renewal of a cell tower, located in an R-80 Residence District at 2580 Route 35, Katonah. The property is shown on the Town Tax Map as Section: 37.13, Block: 2, Lot: 1. RE: Section Schedule (G). Douglas Warden of Snyder and Snyder, LLC addressed the Board. He is representing InSite Towers Development, LLC and is requesting a renewal of a Special Exception Use Permit, as required every 5 years, for an existing cell tower, with AT&T facility. It is a 150 monopole disguised as a pine tree. A Radio Frequency Exposure Report was performed on January 21, 2016 and Structural Analysis Report on May 1, All have been filed in the Building Department. There have been no issues or complaints from neighbors. made a motion for a Type II Action. seconded the motion. d made a motion to grant the Special Exception Use Permit for the renewal of the cell tower for five years. seconded the motion. 4

5 d The Special Exception Use Permit was granted. SOMERS CROSSING, LLC BZ21/ An application for an Area Variance to permit seven (7) additional bedrooms or 1.06 additional density units over what is permitted in the MFR-DH on the residential site; and an Area Variance from 15% permitted coverage to 16.8% proposed coverage for the residential parcel, located in a MFR-DH District at 307 Route 100, Somers. The property is shown on the Town Tax Map as Section: 17.15, Block: 1, Lot: RE: Section Schedule (D) (1) (a) and C (1) (a) (2). Gus Boniello addressed the Board. He is seeking two Area Variances for his development that has been before the Planning Board for the last 4 years. The parcel is 26 acres and the site plan hasn t changed. They were using that number of acres for the zoning calculations, but 4 acres will be sold to the grocery store folks resulting in an overage. A letter was sent from the Planning Board in support of the Variances. The residential portion of the property will be separate from the grocery story by the Towne Centre at Somers. Residents will be able to access the shopping center without driving out onto Route 202. A traffic light will be placed at that entrance. The hope is to start building by next summer. Fire hydrants will be placed in the development and it will have water and sewer, which the shopping center can hook up to. made a motion for a Type II Action. seconded the motion. made a motion to approve an Area Variance to permit seven (7) additional bedrooms or 1.06 additional density units over what is permitted in the MFR- DH on the residential site. seconded the motion. 5

6 The Area Variance was granted. made a motion for a Type II Action. seconded the motion. made a motion to approve an Area Variance from 15% permitted coverage to 16.8% proposed coverage for the residential parcel, located in a MFR-DH District. Mr. Harden seconded the motion. The Area Variance was granted. OLEG ALECKSANDROVICH BZ22/ An application for an Area Variance for an accessory in a front yard, located in a R-10 Residence District at 28 Bridge Lane, Yorktown Heights. The property is shown on the Town Tax Map as Section: 16.14, Block: 2, Lot: 74. RE: Section Schedule 170-8, 11 (A) and 36 (A-1). 6

7 Steven Waldinger of Shapiro, Gettinger and Waldinger, LLP addressed the Board. He is representing Oleg Alecksandrovich. The applicant installed two electric carports that are encroaching on the right of way and two Area Variances are needed, one for a side yard setback of 10.9, as well as a front yard setback of 24. There is simply no other location on the property for these structures. They will be moved back as far to the existing retaining wall as they can be. The wall is on a slope and 6 high at the lowest point. The foundation of the house is above ground and the owner experiences a lot of icing in the winter. Two letters were received in the mail regarding the submission. Although they voiced objections, since they were anonymous and unsigned, all agreed that they will not be considered. Some felt that not enough information was presented this evening and a site visit should be conducted, therefore the application was adjourned to the December 20 meeting. OTHER BUSINESS: A motion was made by the Chairman to approve the minutes of the October 18, 2016 meeting. All were in favor. The next monthly meeting of the Zoning Board of Appeals is scheduled to be held on December 20, 2016 at 7:30 p.m. There being no further business, the meeting was adjourned at 8:45 p.m. Respectfully submitted, Denise Schirmer, Secretary Zoning Board of Appeals cc: Town Board Town Clerk Planning and Engineering Planning Board 7