VILLAGE OF CORNWALL-ON-HUDSON ZONING BOARD OF APPEALS MONDAY, APRIL 12, 2004 7:30 P.M. Present Were: Dr. William Geiser, Acting Chairperson Horst Hoffmann Elizabeth Whiteford Also Present Were: Jeanne Mahoney, Village Clerk Robert Gilmore, Cod Enforcement Officer Howard Protter, Esq., Deputy Village Attorney Robert Fink, Esq. Acting Village Attorney (Missere) Absent: Edwin Knapp, Chairman Robert Quillin PUBLIC HEARINGS Acting Chairman Geiser reopened the public hearing at 7:30 PM EDWARD & FLORANNE MOULTON, 21 GRANDVIEW AVE Continuation of Public Hearing on request in which applicant requires a variance to increase the allowable land disturbance on Class III (extremely steep) slope for the construction of a retaining wall. Edward Moulton, read a letter (copy attached) into the record. In addition, he read a letter from Barbara Corwin, Architect (copy also attached). He stated that the proposed house has been moved back 6 feet and the proposed retaining wall has bee moved back an average of 12 feet. The wall will not exceed 6 feet in height on the Hornman s side. The revised site plan has not been formalized, and Mr. Moulton requested a postponement of his hearing until May when the revised plans are complete. ADJOURN PUBLIC HEARING TO MAY Mr. Hoffman made a motion to adjourn the Public Hearing on this matter until May 10, 2004 at 7:30 PM which was seconded by Ms. Whiteford, and upon a vote of 3 ayes and 0 nays, the motion was carried. Acting Chairperson Geiser read a letter of resignation from Dympna Considine the Zoning Board Recording Secretary, and wished her well. MICHAEL A. DAUERER, 12 CURIE ROAD
Acting Chairman Geiser opened the public hearing at 8:00 P.M. and read the Public Notice as follows: NOTICE is hereby given that, pursuant to the provisions of the Village of Cornwall-on- Hudson Zoning Code, 172-60, a public hearing will be held before the Cornwall-on-Hudson Zoning Board of Appeals at 8:00 P.M. on April 12, 2004, at the Board Room, Village Hall, 325 Hudson Street, Cornwall-on-Hudson, New York, for the purpose of considering the following application for a dimensional variance: A. Relief Requested: Variance of Zoning Code 172-8(c), reducing the required rear yard setback from 30' to 28'. Variance of Zoning Code 172-53.2, reducing the front right side yard setback from the required 12' to 7.9'. B. Premises Affected: Tax Map Section 102 Block 19 Lot 35 12 Curie Road C. Owner/Applicant: Michael A. Dauerer 12 Curie Road Cornwall-on-Hudson, NY 12520 D. Nature of Request: Applicant requires dimensional variances to permit the construction a 14 x 22' two-story addition to an existing residence reducing the rear yard from 30' to 28', and to construct a 2-car garage reducing side yard from the required 12' to 7.9'. The Zoning Board of Appeals will hear all persons in support of the application as well as any objections thereto. The Village will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Village Clerk. The application filed in connection with this matter is on file in the Village Clerk s Office and may be examined during regular office hours. Dated: Cornwall-on-Hudson March 24, 2004 BY ORDER OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF CORNWALL-ON- HUDSON EDWIN KNAPP, CHAIRPERSON Michael Dauerer, the applicant, provided the affidavit of publication for the file. He stated that he is proposing a two-story addition that will include a 14 x 22 family room on the first floor, and a master bedroom on the second floor. In addition, he is proposing a 2-car garage.
Acting Chairperson Geiser invited comments from the public Kurt Doehla of 2 Idlewild Park Drive asked to see the plan. Upon review of the plan, he had no comment. Teresa Kuklis of 10 Curie Road stated that she lives next door to the Dauerer s and has no problem with this application. Hearing no further public comment, the public hearing was closed and public meeting opened at 8:04 PM. Acting Chairperson Geiser stated that there are only three (3) Zoning Board Members present tonight and all must vote in favor of this application for a variance to be granted. Mr. Dauerer indicated that he would like to proceed and not wait until next month for a decision. Ms. Whiteford made a motion to approve the variance as requested. The variance will not produce an undesirable change in the character of the neighborhood; there was no other feasible method available to pursue in order to achieve the benefit sought; and the hardship is not self-created. Mr. Hoffman seconded the motion and by a vote of 3 ayes and 0 nays the requested variance was unanimously approved. GREGORY & LISA SINCLAIR 354 HUDSON STREET Acting Chairperson Geiser opened the public hearing at 8:15 P.M. and read the Public Notice as follows: NOTICE is hereby given that, pursuant to the provisions of the Village of Cornwall-on- Hudson Zoning Code, 172-60, a public hearing will be held before the Cornwall-on-Hudson Zoning Board of Appeals at 8:15 P.M. on April 12, 2004, at the Board Room, Village Hall, 325 Hudson Street, Cornwall-on-Hudson, New York, for the purpose of considering the following application for a dimensional variance: A. Relief Requested: Variance of Zoning Code 172-8(c), reducing the required front yard setback from 30' to 16.75'; side yard setback from 15' to 3.4' and the rear yard setback from 30' to 17.2'. B. Premises Affected: Tax Map Section 106 Block 6 Lot 10 354 Hudson Street C. Owner/Applicant: Gregory and Lisa SinClair 354 Hudson Street Cornwall-on-Hudson, NY 12520 D. Nature of Request: Applicant requires dimensional variances to permit the construction a 28 x 18.6' two-story addition to existing residence reducing the
required front yard setback from 30' to 16.75'; side yard setback from 15' to 3.4' and the rear yard setback from 30' to 17.2'. The Zoning Board of Appeals will hear all persons in support of the application as well as any objections thereto. The Village will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Village Clerk. The application filed in connection with this matter is on file in the Village Clerk s Office and may be examined during regular office hours. Dated: Cornwall-on-Hudson March 24, 2004 BY ORDER OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF CORNWALL-ON- HUDSON EDWIN KNAPP, CHAIRPERSON Lisa SinClair, the applicant, provided the affidavit of publication for the file. She stated that her home was built in 1860 and is small. She is proposing a two-story addition off the front of the house toward Hudson Street. She presented pictures of the current house and plans for the addition. Hearing no public comment, the public hearing was closed and the public meeting opened at 8:21 PM. Ms. Whiteford made a motion to approve the variance as requested. The variance will not produce an undesirable change in the character of the neighborhood; no substantial detriment will be created to nearby properties; and it will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Mr. Hoffman seconded the motion and by a vote of 3 ayes and 0 nays the requested variance was unanimously approved. RAYMOND YANNONE ACADEMY AVENUE / SECOND STREET Acting Chairman Geiser opened the pubic hearing at 8:30 P.M. and read the Public Notice as follows: NOTICE is hereby given that, pursuant to the provisions of the Village of Cornwall-on- Hudson Zoning Code, 172-60, a public hearing will be held before the Cornwall-on-Hudson Zoning Board of Appeals at 8:30 P.M. on April 12, 2004, at the Board Room, Village Hall, 325 Hudson Street, Cornwall-on-Hudson, New York, for the purpose of considering the following application for a dimensional variance: A. Relief Requested: Zoning Board of Appeals approval pursuant to 172-53.A changing from a non-conforming use to a lesser non-conforming use. B. Premises Affected: Tax Map Section 106 Block 1 Lot 16.2.
Tax Map Section 106 Block 1 Lots 1, 2 and 3 Academy Avenue and Second Street C. Owner/Applicant: Raymond Yannone (Applicant) 4 Ashley Way Cornwall, NY 12518 D. Nature of Request: Applicant requires Zoning Board of Appeals approval to change from one non-conforming use. Applicant proposes the construction of three single family homes, demolition of the existing body shop, converting the former auto showroom and vehicle repair facility to apartments and one office. The Zoning Board of Appeals will hear all persons in support of the application as well as any objections thereto. The Village will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Village Clerk. The application filed in connection with this matter is on file in the Village Clerk s Office and may be examined during regular office hours. Dated: Cornwall-on-Hudson March 24, 2004 BY ORDER OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF CORNWALL-ON- HUDSON EDWIN KNAPP, CHAIRPERSON Raymond Yannone, the applicant, provided the affidavit of publication for the file. He stated that he would like to convert the existing garage into four (4) one (1) bedroom apartments and one (1) small real estate office. The existing body shop would be demolished, and off street parking would be created from the Second Street side. The area would be landscaped to fit in with the neighborhood. There will be less traffic generated, less noise, and less air pollution. Across the street, hi is proposing the construction of three (3) single family homes. Each will be landscaped in order to fit in with the character of the street and to separate them from neighboring properties. He was referred to the Zoning Board by the Planning Board for a change from one nonconforming use to another. Mr. Hoffman is concerned that this application is putting a lot into a small space. Board discussion and review of the plans followed. Acting Chairman Geiser invited comments from the public. Michael Cast of 16 Second Street stated that presently there is no traffic generated because the body shop closed. He agrees that the site is an eye sore. He has no problem
with the proposed apartments, but objects to a real estate office at this location. It will increase traffic and turn Second Street in to a main thoroughfare. Eric Baal of 4 Holts Lane lives behind the existing body shop and has concerns with the proposed parking area and what will be used to separate the properties. Mr. Yannone indicated the parking area will be graded. The existing railroad ties will be removed along with the decayed cinder block wall. A natural barrier of landscaping will be put in to separate the properties. David Aleci of 21 Second Street has concerns with safety and environmental issues resulting from the demolition and clean-up of the body shop. He also feels that this plan will increase traffic on Second Street. Mr. Yannone stated that an environmental study and site clean-up was done in 1991. The building will be dismantled and disposed of in an approved and appropriate way. The cinder block will be knocked down into piles and then taken off site in dump trucks. Tom Kelly of 19 Second Street stated that this is a quiet one family residential street. The proposed plan is not appropriate for this neighborhood and will increase traffic. Mr. Quillin arrived at 8:55 PM, and recused himself from this application for variance. Brenda Duffie of 3 Curie Road stated that she has no problem with this project. Adriana Pirez of 20 Second Street wants to keep the street as is. She has no problem with the proposed homes, but objects to the office and apartments. There will be an increase of traffic because Second Street will be used as a shortcut to Hudson Street. Pat Kelly of 19 Second Street would like to see single family homes built on the showroom site instead of apartments and an office. Mary Francis Bruntfield of 7 Holts Lane has no problem with project. She stated that there will be no more traffic or noise than from the previous business. Steven Drabick of 42 Continental Road stated that he welcomes this project. There is a definite need for affordable housing. Any commercial enterprise should be welcomed into this area. Barbara Corwin of 1 Briggs Road stated that this site is presently zoned for commercial use. A future use could be worse than what is being proposed. Scott Spagnoli of 71 Meadowbrook Lane asked if there could ever be another body shop at this location to which Dr. Geiser replied yes. In addition, Mr. Spagnoli stated that he has known Mr. Yannone for many years and everything he does is in good taste. Mary Aspin of 6 Pine Street stated that if the body shop has not been in use for an extended period of time, then that permitted use has expired.
Eric Baal of 5 Holts Lane stated that this area is well policed. He feels that rentals serve a good purpose as long as they are properly maintained. A real estate office helps the community, and as long as it is well managed, he has no problem. Pat Kelly of 19 Second Street stated that there has been no activity from the body shop over the last year. David Aleci of 21 Second Street stated that he would prefer houses built rather than apartments and an office. Richard Pirez of 20 Second Street asked which direction the proposed houses will face. Mr. Yannone replied that all will face Academy Avenue. Driveways for 2 of the houses will be off Academy Avenue and the corner house will be off Second Street. The proposed parking lot will accommodate up to 14 cars. John McLaughlin of 22 Second Street asked about screening for the proposed homes. Mr. Yannone stated that they would put in hemlocks and larger pines along the back. In addition, ornamental screening will go in front of the homes and existing showroom. Pat Kelly of 19 Second Street stated that she is concerned about a parking lot that can accommodate 14 cars. She feels that will greatly increase the traffic on Second Street. Chuck Wipplinger of Academy Avenue stated that he has a problem with transient tenants. Hearing no further public comment, the public hearing was closed and public meeting opened at 9:20 PM. After a lengthy review of the application, Acting Chairperson Geiser adjourned this public meeting until May 10, 2004 at 8:00 PM so that the applicant can supply the Zoning Board with additional financial information. ANTHONY MISSERE 31 CHURCH STREET Acting Chairperson Geiser opened the public hearing at 10:02 P.M. and read the Public Notice as follows: NOTICE is hereby given that, pursuant to the provisions of the Village of Cornwall-on- Hudson Zoning Code, 172-60, a public hearing will be held before the Cornwall-on-Hudson Zoning Board of Appeals at 8:45 P.M. on April 12, 2004, at the Board Room, Village Hall, 325 Hudson Street, Cornwall-on-Hudson, New York, for the purpose of considering the following application for a dimensional variance: A. Relief Requested: Variance of Zoning Code 172-48.1 AND 172-46B to reduce the number of off-street parking spaces for home professional office from 4 to 3
parking spaces. B. Premises Affected: Tax Map Section 104 Block 1 Lot 15 31 Church Street C. Owner/Applicant: Anthony M. Missere P.O. Box 425 Cornwall-on-Hudson, NY 12520 D. Nature of Request: This is a proposed home/professional office use. Applicant is seeking to reduce the number of the required off-street parking spaces from 4 to 3 parking spaces. The Zoning Board of Appeals will hear all persons in support of the application as well as any objections thereto. The Village will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Village Clerk. The application filed in connection with this matter is on file in the Village Clerk s Office and may be examined during regular office hours. Dated: Cornwall-on-Hudson March 26, 2004 BY ORDER OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF CORNWALL-ON- HUDSON EDWIN KNAPP, CHAIRPERSON Tony Missere, the applicant, provided the affidavit of publication for the file. He stated that this property has existed in the same footprint since the 1920 s. It is currently a single family residence. He has an application with the Planning Board for site plan approval in order to allow a Home Professional Office at this location. Due to off-street parking requirements for a Home Professional Office, he was referred to the Zoning Board in order to reduce the required number of off site parking spaces. Steven Drabick, the surveyor on this project, stated that there are three (3) on site parking spaces available and a variance is required for two (2) off site parking spaces. Board discussion and review of the plans followed. Acting Chairperson Geiser invited comments from the public. Mary Aspin of 6 Pine Street is the Planning Board Chairperson. She stated that the Planning Board has concerns regarding available on site parking and possible disturbance of the Class III steep slopes. Discussion and review of available parking options for on and off site followed.
Scott Spagnoli of 71 Meadowbrook Lane stated that he is the co-owner of this property. He stated that there are no traffic issues at or near this site. Hearing no further public comment, the public hearing was closed and public meeting opened at 10:33 PM. Ms. Whiteford made a motion to classify this as an unlisted action in regard to SEQR with no adverse environmental impact. The motion was seconded by Mr. Quillin and carried upon a vote of 4 ayes and 0 nays. Mr. Hoffman made a motion to grant a variance for 5 off street parking spaces at a 45 degree angle in front of 31 Church Street. This is to used only for a psychiatrist office whom is living on site; otherwise a new variance will be required. The variance will not produce an undesirable change in the character of the neighborhood; there is no other feasible method available to pursue and achieve the benefit sought other than the requested variance; the required variance is substantial; it will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood; the difficulty is self-created. Ms. Whiteford seconded the motion and by a vote of 4 ayes and 0 nays the requested variance was unanimously approved. ANTHONY MISSERE 3-5 RIVER AVENUE Acting Chairperson Geiser opened the public hearing at 10:42 P.M. and read the Public Notice as follows: NOTICE is hereby given that, pursuant to the provisions of the Village of Cornwall-on- Hudson Zoning Code, 172-60, a public hearing will be held before the Cornwall-on-Hudson Zoning Board of Appeals at 9:00 P.M. on April 12, 2004, at the Board Room, Village Hall, 325 Hudson Street, Cornwall-on-Hudson, New York, for the purpose of considering the following application for a dimensional variance: A. Relief Requested: Variance of Zoning Code 172-46B to reduce to zero the number of off-street parking spaces for a restaurant. B. Premises Affected: Tax Map Section 104 Block 1 Lot 15 3-5 River Avenue C. Owner/Applicant: Anthony M. Missere P.O. Box 425 Cornwall-on-Hudson, NY 12520 D. Nature of Request: Applicant seeks to reduce the required number of off-street parking spaces for a proposed restaurant to be located on a site with existing site limitations in the CBS District. The Zoning Board of Appeals will hear all persons in support of the application as well as
any objections thereto. The Village will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Village Clerk. The application filed in connection with this matter is on file in the Village Clerk s Office and may be examined during regular office hours. Dated: Cornwall-on-Hudson March 26, 2004 BY ORDER OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF CORNWALL-ON- HUDSON EDWIN KNAPP, CHAIRPERSON Tony Missere, the applicant, provided the affidavit of publication for the file. He stated the first floor which was recently used as a law office, is now vacant. He plans to open a family restaurant with seating for 55 people. The proposed restaurant hours will be 11:00 AM to 3:00 PM for lunch and 5:00 PM to 9:00 PM for dinner 5:00 PM to 10:00 PM n Friday and Saturday. Steven Drabick, surveyed the area within that 500 foot radius over several days. He found a minimum of 30 and maximum of 45 available parking spaces during the proposed restaurant hours. The zoning code requires one (1) off street space per three (3) seats for a total of 20 parking spaces. There are currently four (4) utilized by the existing office use. Hearing no public comment, the public hearing was closed and public meeting opened at 10:55 PM. Discussion and review of available parking options followed. Dr. Geiser made a motion to classify this as an unlisted action in regard to SEQR with no adverse environmental impact. The motion was seconded by Ms. Whiteford and carried upon a vote of 4 ayes and 0 nays. Mr. Hoffman made a motion to grant the variance as requested. No substantial detriment will be created to nearby properties because adequate parking is available. There is no other feasible method available to pursue in order to achieve the benefit sought. The variance is substantial and the difficulty is self-created; but it will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Mr. Quillin seconded the motion and by a vote of 4 ayes and 0 nays the requested variance was unanimously approved. KRISTIN G. SEIZ, 19 AVENUE A Acting Chairperson Geiser opened the public hearing at 11:00 PM and read the Public Notice as follows: NOTICE is hereby given that, pursuant to the provisions of the Village of Cornwall-on-
Hudson Zoning Code, 172-60, a public hearing will be held before the Cornwall-on-Hudson Zoning Board of Appeals at 9:15 P.M. on April 12, 2004, at the Board Room, Village Hall, 325 Hudson Street, Cornwall-on-Hudson, New York, for the purpose of considering the following application for a dimensional variance: A. Relief Requested: Variance of Zoning Code 172-8(c), reducing the required rear yard setback from 30' to 17.5' and reducing the required left side yard setback from 15' to 13'. B. Premises Affected: Tax Map Section 102 Block 13 Lot 22 19 Avenue A C. Owner/Applicant: Kristin G. Seiz 19 Avenue A Cornwall-on-Hudson, NY 12520 D. Nature of Request: Applicant requires a dimensional variance to permit the construction of an addition to the rear of the existing residence which requires reducing the rear yard setback from 30' to 17.5'. The Zoning Board of Appeals will hear all persons in support of the application as well as any objections thereto. The Village will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Village Clerk. The application filed in connection with this matter is on file in the Village Clerk s Office and may be examined during regular office hours. Dated: Cornwall-on-Hudson March 29, 2004 BY ORDER OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF CORNWALL-ON- HUDSON EDWIN KNAPP, CHAIRPERSON Drew Kartiganer, architect on this project, provided the affidavit of publication for the file. He stated the applicant would like to put a two-story addition off the rear of the existing residence. The home is already nonconforming in that the current side yard setback is 3.3 in one section. The proposed addition will not come out that far; it will be 13 from the side property line with a bilco door. The first floor will have an expanded kitchen and living room. The second floor will have two additional bedrooms. Acting Chairperson Geiser invited comments from the public. Richard Robinson of 21 Avenue A is concerned about the shed and garage on the property. In addition, he requested clarification of the side yard setback request since this borders against his property.
Acting Chairperson Geiser stated that the shed is not part of the application and will not be discussed tonight. Mr. Kartiganer reviewed the plans with Mr. Robinson and explained the requested variance. Hearing no further public comment, the public hearing was closed and public meeting opened at 11:15 PM. Ms. Whiteford made a motion to approve the variance as requested. The variance will not produce an undesirable change in the character of the neighborhood; no substantial detriment will be created to nearby properties; there is no other feasible method available to pursue in order to achieve the benefit sought; and it will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Mr. Quillin seconded the motion and by a vote of 4 ayes and 0 nays the requested variance was unanimously approved. Ms. Whiteford made a motion to adjourn the meeting at 11:20 P.M. which was seconded by Dr. Geiser and carried by a vote of 4 Ayes and 0 Nays. Respectfully Submitted, Jeanne Mahoney Village Clerk