MINUTES VILLAGE of ARDSLEY ZONING BOARD of APPEALS REGULAR MEETING WEDNESDAY, JULY 26, 2017

Similar documents
BOARD OF ZONING APPEALS CITY OF PRAIRIE VILLAGE, KANSAS AGENDA July 10, 2018 **MULTI-PURPOSE ROOM 6:30 P.M.

BOROUGH OF PARK RIDGE ZONING BOARD SEPTEMBER 17, 2018 REGULAR MEETING MINUTES

MINUTES BOROUGH OF LAVALLETTE REGULAR MEETING OF THE PLANNING BOARD Wednesday, April 28, P.M.

City of Newburyport Zoning Board of Appeals October 8, 2013 Council Chambers

Village of Cazenovia Zoning Board of Appeals August 12, 2014

SUMMARY. Town of Wappinger MINUTES. Summarized Minutes. Others Present: Mrs. Barbara Roberti Zoning Administrator Mrs. Sue Rose Secretary

GLEN ROCK ZONING BOARD OF ADJUSTMENT Minutes of the September 14, 2017 Meeting

CHARTER TOWNSHIP OF LOWELL ZONING BOARD OF APPEALS. August 29, 2007

ZONING BOARD OF APPEALS Quality Services for a Quality Community

MANCHESTER TOWNSHIP ZONING BOARD OF ADJUSTMENT REGULAR MEETING. Thursday, January 26, 2017

Town of Ontario Zoning Board of Appeals Minutes September 13, 2017

VILLAGE OF EPHRAIM FOUNDED 1853

ARLINGTON COUNTY, VIRGINIA

TOWN OF JERUSALEM ZONING BOARD OF APPEALS. April 14 th, 2016

MATTER OF Mr. & Mrs. Anthony Flynn, 3 Soder Road Block 1003, Lot 54 Front and Rear Yard Setbacks POSTPONED Carried to meeting on March 21, 2018

BOROUGH OF PARK RIDGE ZONING BOARD AUGUST 21, 2018 REGULAR MEETING MINUTES

ARLINGTON COUNTY, VIRGINIA

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA BOARD OF ZONING APPEALS FEBRUARY 22, 2010 MINUTES

Approved ( ) TOWN OF JERUSALEM ZONING BOARD OF APPEALS. July 8, 2010

GENOA TOWNSHIP BOARD OF ZONING APPEALS MEETING MINUTES

Present: Chairman David Miller, John Clarke, Timothy Decker, Michael Ghee, Mary Quinn and Building/Zoning Officer John Fenton. Absent: None.

VILLAGE OF CORNWALL-ON-HUDSON ZONING BOARD OF APPEALS MONDAY, APRIL 12, :30 P.M.

Town of Jerusalem Zoning Board of Appeals. January 10, 2019

ZONING BOARD OF APPEALS MINUTES AUGUST 28, Chairman Garrity described the proceedings of the Zoning Board of Appeals.

MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS. Meeting April 27, Michael Sullivan (Chairman), Andrew Crocker, Gary Gilbert, and

OCEANPORT PLANNING BOARD MINUTES May 12, 2010

John Hutchinson, Michelle Casserly, Mark Fitzgerald, John Lisko, Chuck Ross, Robert Cupoli, and Manny Fowler

A G E N D A. Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM February 9, 2017 at 6:00 p.m.

BOARD OF ZONING APPEALS MINUTES OF THE PROCEEDINGS OF THE PUBLIC HEARING FEBRUARY 27, 2018

GLEN ROCK ZONING BOARD OF ADJUSTMENT Minutes of the October 12, 2017 Meeting

SPRINGFIELD TOWNSHIP ZONING BOARD OF APPEALS REGULAR MEETING October 17, 2018

TOWN OF SKANEATELES ZONING BOARD OF APPEALS MEETING MINUTES OF. July 10, 2018

Zoning Board of Appeals Minutes

MEETING MINUTES January 26, 2015

Zoning Board of Appeals

AGENDA ITEM 1. Call to Order, Roll Call and Approval of Minutes.

TOWN OF WALLINGFORD ZONING BOARD OF APPEALS MAY 18, 2009 REGULAR MEETING MINUTES

PROCEEDINGS OF THE ST. CLOUD ZONING BOARD OF APPEALS. A meeting of the St. Cloud Zoning Board of Appeals was held on June 16, 2009, at 7:00 p.m.

ZONING BOARD OF APPEALS March 13, 2018 MINUTES

TOWN OF SOUTHPORT 1139 Pennsylvania Avenue Elmira, NY 14904

ZONING BOARD OF APPEALS TOWN OF CHESTER 1786 Kings Hwy Chester, New York September 21, 2017

TOWN OF GILMANTON ZONING BOARD OF ADJUSTMENT THURSDAY, JANUARY 19, PM. ACADEMY BUILDING MINUTES

VILLAGE OF CORNWALL ON HUDSON ZONING BOARD MEETING AUGUST 13, 2009

Town of Washington Zoning Board of Appeals Jan

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA BOARD OF ZONING APPEALS APRIL 25, 2016 MINUTES

MINUTES ZONING BOARD OF ADJUSTMENT

MINUTES OF THE ROCK ISLAND BOARD OF ZONING APPEALS. Regular Meeting 7:00 p.m. May 11, ( ) Gary Snyder (x) Robert Wild (x) Faye Jalloh

Polk County Board of Adjustment October 3, 2014

TOWN OF NEW LONDON, NEW HAMPSHIRE

MINUTES ADJUSTMENTS AND APPEALS BOARD. April 3, 2013

Anthony Guardiani, Chair Arlene Avery Judith Mordasky, Alternate Dennis Kaba, Alternate James Greene, Alternate

ZONING BOARD OF APPEALS MINUTES MAY 28, 2013

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL October 27, 2016

BOARD OF ADJUSTMENT CITY OF TOWN AND COUNTRY, MO SEPTEMBER 21, 2015

CITY AND BOROUGH OF SITKA PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT VARIANCES

TOWN OF CLINTON PLANNING BOARD MEETING FINAL MINUTES May 3, 2016

Department of Municipal Licenses and Inspections Zoning Board of Appeals 90 Pond Street Braintree, Massachusetts 02184

CITY OF KENT BOARD OF ZONING APPEALS PUBLIC HEARING & BUSINESS MEETING May 16, Dave Mail Paul Sellman Jona Burton Benjamin Tipton

Township of Lumberton Land Development Board Regular Meeting December 16, 2015

ARLINGTON COUNTY, VIRGINIA

TOWN OF WALLINGFORD ZONING BOARD OF APPEALS SEPTEMBER 19, 2011 REGULAR MEETING MINUTES

BOARD OF ZONING APPEALS MINUTES OF THE PROCEEDINGS OF THE PUBLIC HEARING APRIL 25, 2017

TOWN OF FARMINGTON ZONING BOARD OF APPEALS MEETING MINUTES. Approved MINUTES

SPRINGETTSBURY TOWNSHIP ZONING HEARING BOARD AUGUST 6, 2015

LIVONIA JOINT ZONING BOARD OF APPEALS MEETING MINUTES- May 4, 2015

ARLINGTON COUNTY, VIRGINIA

KINGWOOD TOWNSHIP BOARD OF ADJUSTMENT. MINUTES May 11, :30 PM

MINUTES OF THE REGULAR MEETING OF THE JOINT LAND USE BOARD December 4, 2018

MINUTES BOROUGH OF LAVALLETTE REGULAR MEETING OF THE PLANNING BOARD. Wednesday, July 25, P.M.

ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MANSFIELD RESOLUTION NO

MINUTES MANHATTAN BOARD OF ZONING APPEALS City Commission Room, City Hall 1101 Poyntz Avenue Wednesday, July 9, :00 PM

Town of Clear Lake - Board of Zoning Appeals Meeting Minutes October 17, 2016

NEW BUSINESS SPECIAL PERMIT RENEWAL

CITY OF BUENA PARK MINUTES OF ZONING ADMINISTRATOR HEARING March 2, 2016

Town of Hamburg Board of Zoning Appeals Meeting February 1, 2011 Minutes

The Town of Wasaga Beach Committee of Adjustment/Consent November 20, 2017

ZONING BOARD OF APPEALS MINUTES JUNE 14, Chairman Garrity thanked ZBA Member Michael Waterman for his many years of service on the ZBA.

MINUTES PARK TOWNSHIP ZONING BOARD OF APPEALS Park Township Hall nd Street Holland, MI Regular Meeting April 27, :30 P.M.

Karen Underwood-Kramer Chairperson. Nancy Bushman Desmond Maaytah George Jonson Michael Samoviski Board Member Board Member Board Member Board Member

TOWN OF VICTOR ZONING BOARD OF APPEALS August 15,

Town of Lake George. Area Variance Review Application

AGENDA. 2. Review of Agenda by the Board and Addition of items of New Business to the Agenda for Consideration by the Board

TOWN OF WARWICK ZONING BOARD OF APPEALS FEBRUARY 22, 2010

City of Cape May Planning Board Meeting Minutes Tuesday September 10, 2013

MINUTES #5 TIBURON DESIGN REVIEW BOARD MEETING OF APRIL 7, Chair Tollini (arrived late), Vice Chair Kricensky, Boardmembers Cousins and Emberson

Draft MINUTES OF THE CARLTON COUNTY BOARD OF ADJUSTMENT MEETING August 21, 2018

APPROVED on 12/10/12 Town of Geneseo Planning Board Work Meeting Minutes November 19, :00 9:15 PM

Sylvia Osewalt JeffTruhlar (absent) John Moreland, Thomas Buck, Scott Cummings Francis Reddington (absent), Lucas Snyder

NOTICE FOR PUBLIC HEARING

Secretary read the notice of Open Public Meetings law and called attendance.

TOWN OF WARWICK ZONING BOARD OF APPEALS MAY 29, 2012

CITY OF WINTER PARK Board of Adjustments. Regular Meeting October 17, 2017 City Hall, Commission Chambers

TOWNSHIP OF WATERFORD 2131 AUBURN AVE., ATCO, NJ 08004

BELMONT LAND USE OFFICE

BOARD OF ADJUSTMENT MEETING CITY OF ST. PETE BEACH

CHEBOYGAN COUNTY ZONING BOARD OF APPEALS

Zoning Variances. Overview of

Shorewood Board of Appeals Meeting Agenda July 10, :30 P.M. Shorewood Village Hall Court Room 3930 N. Murray Avenue, Shorewood, WI 53211

THE CORPORATION OF THE CITY OF TEMISKAMING SHORES COMMITTEE OF ADJUSTMENT MEETING MINUTES Wednesday, November 27, 2013

Chairman Schreiber noted there was a sign up sheet at the back of the room for anyone wishing to sign up for library activities and s.

Transcription:

MINUTES VILLAGE of ARDSLEY ZONING BOARD of APPEALS REGULAR MEETING WEDNESDAY, JULY 26, 2017 PRESENT: Patricia Hoffman, Esq., Chair Jacob Amir, Esq. Mort David Maureen Gorman-Phelan Michael Wiskind 1) Call to Order The Chair called the regular meeting to order at 8:01 pm. 2) Announcements and Approval of Minutes Announcements The Chair announced that the next meeting of the Zoning Board of Appeals is scheduled for Wednesday, August 23, 2017 at 8:00 pm. Approval of Minutes The approval of Minutes of the March and May meetings was adjourned. Recording Secretary is to email the Proposed Minutes of these meetings to the Chair and Board Members of the Zoning Board of Appeals, and the Chair will collect all votes on the Minutes by email. Page 1 of 7

3) Public Hearing Application for Variance from Village Code Requirements Joe A. Cardoso and Dina Figueiredo-Cardoso 12 McKinley Place, Ardsley, New York Section 6.110, Block 101, Lot 10, in an R-3 One Family Residential District. For a proposed second-story addition where the 11.8 feet existing and proposed North side yard width is less than the fifteen feet minimum required (Ardsley Village Code 200-26B) Present: Attendees: Patricia Hoffman, Esq., Chair Jacob Amir, Esq. Mort David Maureen Gorman-Phelan Michael Wiskind Joe A. Cardoso Howard Albert, architect, 11 Taft Lane, Ardsley The Chair read the Legal Notice. Open Public Hearing The Chair summarized that the application is to construct a second story addition on an existing one and a half story cape cod style frame house in an R-3 district. The frame house was built in 1938, and there have been no prior applications for appeal for the premises. The Chair noted that the Legal Notice had a different local tax map section than appeared on the application. Mr. Wiskind pointed out that the Property Card matches the Legal Notice, and that the discrepancy is only on the application. Mr. Amir pointed out that the correct tax designation does match the Legal Notice, and that the application contains the old section lot and block. The Board concurred that Legal Notice has been properly effectuated, and the Chair advised Mr. Albert to correct the application. Mr. Albert provided the seventeen green cards that had been returned out of the twenty-six sent, and Mr. Albert advised that he had received a letter from the neighbor next door. Mr. David asked if the pictures submitted with the application were current, and Mr. Albert replied that they are. Mr. Albert stated that on the North side of house, presently 3.2 feet of the back of the house is within the side setback, and that 1.6 feet of the front of the house is within the side setback. Mr. Albert explained that the lot is skewed to the street, and that the house was built parallel to the street, not to the lot. Page 2 of 7

Mr. Albert stated that applicants would like to put a second story on the cape style house and add a few bedrooms upstairs. Mr. Albert reported that the existing second floor is one large room, about twelve feet of which is already within the setback, which he surmised might be grandfathered in. Mr. Albert stated that, beyond that existing encroachment into the setback, the portion of the proposed second floor that would encroach on the setback would be approximately twenty-six square feet in the back and approximately fifteen square feet in the front. Mr. Albert reported that on first floor of the home now is a dining room, a kitchen, a living room and two bedrooms, and that applicants have three sons for whom they would like to provide more room. Mr. Albert showed the front, South, rear, and North elevations. Mr. Albert pointed out the garage that is attached to, but not accessible to, the house. Mr. Albert reported that applicants are looking at their proposed work in two phases. As part of the first phase, applicants propose taking down the walls in the back of the first floor and have the two rooms in the back become the family room and dining room. Mr. Albert added that eventually the kitchen will go in the back and the bathroom will flip to the front. Mr. Wiskind asked if moving the kitchen was part of the current application, and Mr. Albert replied that it is not, that he had provided the information as background. Mr. Albert reported that the current proposal also involves the second story, where they would add a family room which could later be converted into a bedroom, create a master bedroom, two other bedrooms, and a bathroom. Mr. Albert summarized that the proposal is to extrude the house up, and showed the front (showing two bedrooms), South, rear and North proposed elevations. Mr. Albert stated that there are other two-story houses in the neighborhood, photos of some of which are in the application, and stated that these two-story homes are seen on the aerial GIS map, including one on Taft and one on McKinley. Mr. Albert reported that all of these two-story houses were one-story capes that have been expanded. Mr. Amir asked when the subject house was purchased, and Mr. Cardoso stated that it was bought in 2012. Mr. David asked how the chimney will be handled. Mr. Albert replied that the chimney will be expanded up and painted white. Mr. David asked if the fireplace is functioning, and Mr. Albert replied that it is. Mr. David asked if the shed in the rear will remain, and Mr. Albert replied that it will. The Chair asked if anything is proposed with the garage, and Mr. Albert replied that nothing is currently proposed for the garage. Page 3 of 7

The Chair asked if the proposed second floor will have three bedrooms and a family room. Mr. Albert replied that the family room is proposed as a family room for now and that it may convert to become a bedroom at another time. Mr. Wiskind asked if applicants have three children, and Mr. Albert confirmed this. The Chair asked if the downstairs family room will be converted to a kitchen, what will become of the kitchen area. Mr. Albert stated that when the kitchen moves to the back, the powder room and extended closet and mudroom, and maybe an office, will go where the kitchen now is. The Chair asked what the egress and ingress from the North side is. Mr. Albert reported that it went down to the basement and into the kitchen. Mr. Albert further reported that the area around that egress serves as a barbeque area, but that eventually the paving will move to the back, and added that in phase two, the doors in the back will move away. Mr. David stated that he viewed the house and noticed that it has leaders that go into the ground. Mr. David asked if there presently is a dry well, and if not, where does the water from the leader go. Mr. David asked how drainage will be handled. Mr. Albert stated that they plan to hook into the existing leader system. Mr. David asked if this goes into the ground. Mr. Cardoso reported that they do not have a drywell, and Mr. David expressed concern about the ground being able to absorb a significant amount of water. Mr. Wiskind asked how the lot coverage is increasing. Mr. Albert advised that the lot coverage change is due to an overhang in the front which will project out. Mr. Wiskind commented that this is not a big change. Mr. Albert agreed that it is not, but added that it must be included in the lot coverage because it projects out to cover the front porch. Mr. David asked if the overhand is within code and is not imposing on the front setback. Mr. Albert replied that it does not protrude into the front setback. Ms. Gorman-Phelan pointed out that the application says that it is reducing by four feet. Mr. Albert replied that they propose taking the overhang out from 26.5 feet to 22.5 feet, which is still within code. The Chair asked if currently the front of the house is 13.4 feet from the side yard, and Mr. Albert replied that this is correct. The Chair asked if in back it is 11.8 feet. Mr. Albert explained that this is because the lot is a parallelogram, and that the house was built square to the street, not to the lot, and Mr. Albert added that side yard setbacks have become larger since the house was built. Mr. Wiskind pointed out that the garage built in 1938, and that the house may have pre-dated the garage. Ms. Gorman-Phelan asked how much of the proposed addition is in the setback. Mr. Albert showed the area of the second floor habitable space that is already in the setback, and showed the proposed 15.3 square feet and 26.5 square feet areas that would increase the impingement on the setback. The Chair stated that the Board will not address whether or Page 4 of 7

not the existing impingement is grandfathered in, but will focus on the proposal to extend the wall that is in the setback. The Chair asked if any member of the public wished to speak in favor of or in opposition to the application, and no one present so wished. Mr. Albert then read the letter from Michael and Karen Hanney, as follows: Dear Ardsley Zoning Board, This letter is to inform you that we, the Hanney family, who reside at 14 McKinley Place, do not object to the home renovation proposed by the Cardoso family at 12 McKinley Place. Mr. Cardoso reported that he had spoken to the Patel family who had given him a handwritten letter, and he stated that because it was hand-written, he had felt that he should not present it. Mr. Albert confirmed that there a green card had been received from the Patels. The Chair asked if any Board member had any further questions. Mr. Wiskind asked if there will still be a full staircase up to third floor. Mr. Albert replied that the third floor is attic space, which is easier to access with a real staircase. Mr. Wiskind asked if then the skylights will be for the bathroom, and not for the attic. Mr. Albert replied that this is so, that the attic will just be attic space. The Chair asked if there will be a pull down stair to the attic, and Mr. Albert replied that it would be a full staircase instead. The Chair asked what the clearance would be in the attic space. Mr. Albert estimated, based on the height of the joists and the ridge, that the clearance would be approximately six feet, Mr. David asked if this would be the clearance throughout the total attic. Mr. Albert replied that this clearance would be only in the area of the attic s peak. Mr. Wiskind moved, and Mr. David seconded to close Public Hearing. Vote: 5 in favor, none opposed, none abstaining, as follows: Patricia Hoffman, Esq., Chair aye Jacob Amir, Esq. aye Mort David aye Maureen Gorman-Phelan aye Michael Wiskind aye Close Public Hearing Mr. Wiskind proposed, and Mr. David seconded, the following Resolution: WHEREAS, Joe A. Cardoso and Dina Figueiredo-Cardoso, of 12 McKinley Place, Ardsley, New York, 10502, have applied to this Board for a variance from strict application of the requirements of Section 200-26 Subdivision B of the Zoning Page 5 of 7

Ordinance of the Village of Ardsley, which requires a minimum side yard setback of Fifteen Feet, so that the existing second story can be expanded to the wall of the first story, which protrudes from 1.6 to 3.2 feet into the setback; and WHEREAS, this application is made under the authority of Section 200-97 Subdivision B of the Zoning Ordinance of the Village of Ardsley, affecting premises known as 12 McKinley Place, Ardsley, New York, and designated on local tax maps as Section 6.110, Block 101, Lot 10, in an R-3 One-Family Residential District; and WHEREAS, a Public Hearing on this application was held by the Zoning Board of Appeals at the Municipal Building, 507 Ashford Avenue, Ardsley, New York, on July 26, 2017, after due notice by publication; and WHEREAS, at the Hearing, applicant Joe A. Cardoso appeared, and architect Howard Albert appeared on behalf of applicant in support of this application, and Howard Albert read into the record a letter from neighbors Michael and Karen Hanney of 14 McKinley Place in support of the application, and no other member of the public appeared in support of or in opposition to this application; and WHEREAS, this Board, after carefully considering all testimony and the application, finds the following: WHEREAS, this Board, in weighing both the potential benefit to the applicant and the potential detriment to the health, safety and welfare of the neighborhood if the variance is granted, has determined that: (1) neither an undesirable change in the character of the neighborhood nor a detriment to nearby properties will be created by the granting of the variance, as the proposed addition will continue the second story along the same plane as the existing first story which protrudes into the side yard setback 1.6 feet in the front of the house and 3.2 feet in the back of the house, and neighboring properties are two story residences with similar side yard setbacks; (2) the benefits sought by the applicants cannot be feasibly achieved other than by variances, as applicant needs to create additional bedrooms to meet the needs of the family s three children, and expanding the second story to the dimensions of the first story is the most efficient and least expensive way to accomplish this; (3) the requested variance to add a second story extension is not substantial, as it adds approximately 41 square feet into the side yard setback by Page 6 of 7

continuing upward the existing 1.6-foot encroachment into the side yard setback in the front of the house and the existing 3.2-foot encroachment into the side yard setback in the back of the house; (4) the proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district in that the proposed addition will not change or add to the footprint of the house, and in that other two-story homes in the neighborhood also were converted from one-story cape style houses; and (5) the circumstances requiring the variance were not self-created in that the house was built in its present location, parallel to the street but not parallel to the lot, prior to the zoning requirement of a fifteen-foot side yard setback. NOW THEREFORE, be it resolved that the application of Joe A. Cardoso and Dina Figueiredo-Cardoso is granted. PROPOSED BY: SECONDED BY: VOTE: Mr. Michael Wiskind Mr. Mort David 5 in favor, none opposed, none abstaining, as follows: Patricia Hoffman, Esq., Chair Jacob Amir, Esq. Mort David Maureen Gorman-Phelan Michael Wiskind 4) Adjournment There being no other business before the Zoning Board of Appeals, on motion of the Chair, seconded by Mr. Amir, which motion passed unanimously, the meeting was adjourned at 8:31 PM. Respectfully submitted, Judith Calder Recording Secretary Page 7 of 7