June 16, 2016

Zoning Board of Appeals

Minutes

Members Present:

Tracey Cullen, Chairperson

Bill Ordon, Member

Kirk Hurme, Member

Chuck Vinciulla (Alternate)

Katie DeGraff, Admin. Asst.

Absent: Stephen Greenwald, Director of Operations

Richard Ubert, Vice Chair

Todd Brice, Member

Meeting called to order at 7:05 pm

Ms. Cullen welcomed everyone to the June 16th, 2016 meeting of the Zoning Board of Appeals, and introduced all the members. Ms. Cullen stated applicants are hereby notified that any/all agreed concessions, promises, pledges, assurances or declarations given by them or their duly appointed agents, during their hearing process shall become stipulations to any approvals given by this Board.

Ms. Cullen informed the applicants that the full Board was not present this evening and that it would require a 3 out of 4 vote to approve any application. If they so choose, the applicant could ask for a postponement to be heard until the entire board was present. None of the applicants chose to do so at the meeting.

Ms. Cullen asked the Board for a motion to approve the minutes from the May 19th, 2016 meeting. A motion was made by Mr. Ordon and seconded by Mr. Vinciulla

Vote on the motion: Ms. Cullen aye

Mr. Vinciulla aye

Mr. Ordon aye

Mr. Hurme aye

4-0

A motion to approve a six month extension to Art of Form Architects, 159 Broadway on behalf of Bildan Realty, 21 Merrick Road due to delays with the Planning Board was made by Mr. Ordon and seconded by Mr. Vinciulla

Joan Donnison, 150 South Ketcham Ave. asked for clarification as to where this was located.

Vote on the motion: Ms. Cullen aye

Mr. Vinciulla aye

Mr. Ordon aye

Mr. Hurme aye

4-0

A letter submitted to the Board by Robert Lucia, 564 Broadway asking that his application be withdrawn was read by Ms. Cullen

Application of Jeffery Havelin, PE as agent for Nancy Lee, owner. Applicant seeks to reduce the required front yard pursuant to the addition of a new front entry and reduce the required side yard setback pursuant to the legalization of the existing location of the air conditioning units pursuant to Section 183-50 and Section 183-51 of the Village Code. Premises located on the west side of South Bayview Ave. approx. 100 feet south of Kings Place in a “Residential B” district k/a 201 South Bayview Ave. a/k/a SCTM# 101-12-4-22

Findings:

  1. This project is related to a New York rising funded lift
  2. The air conditioner units are existing and will remain in those locations
  3. The side yard is a pre-existing non-conforming use
  4. The home took on several inches of water during Super Storm Sandy
  5. Applicant has been before the Planning Board and approval is pending ZBA approval

Stipulations:

1. Must submit revised plans to the Building Department

2. Front Yard setback is to be no less than 15 feet from the property line

3. Applicant must abide by all applicable codes and laws

4. Applicant must secure all necessary permits

Motion to approve with stipulations Mr. Vinciulla and seconded by Mr. Hurme

Vote on the motion: Ms. Cullen aye

Mr. Vinciulla aye

Mr. Ordon aye

Mr. Hurme aye

4-0

Application of Charles Downey. Applicant seeks a renewal of a previously approved Special Exception non-owner occupied two family dwelling, approved prior to March 3rd, 2010 with no change in ownership pursuant to Section 183-43C (6) of the Village Code. Premises located on the south side of Railroad Ave. approx. 500 feet east of Broadway (Rt. 110) in a “Residential B” district k/a 45-47 Railroad Ave. a/k/a SCTM# 101-4-3-8

Findings:

  1. Non-owner occupied property, he has owned home for 61 years
  2. Two families have resided in the home, each have been there for about 10 or 11 years. One unit is occupied by a woman with two children. The other is occupied by two women.
  3. There is adequate parking on the property, with room for at least four vehicles
  4. Homeowner visits and maintains the property regularly, including mowing of the lawn
  5. Inspection was completed on 6/8/16 by C.E.O Lauria and there were no violations

Stipulations:

1. The application be granted for a five (5) year period of time as a non-owner occupied two family dwelling, or until change of ownership, whichever comes first.

2. Applicant must conform to all off street parking codes.

3. Applicant will be responsible for:

a. Maintenance of building

b. Maintenance of landscaping and lawn care

c. Insuring for the timely and appropriate disposal of all rubbish, trash, and garbage.

d. Location of garbage cans so as not to interfere with off street parking.

4. Applicant shall contact Building Dept. and schedule yearly required fire safety and property maintenance inspections within ten days of ZBA approval anniversary date.

5. Applicant must abide by all applicable codes and laws.

6. Applicant must continue to adequately maintain the premises.

7. Applicant must secure the necessary/required rental permit per Section 137-2 of the Village Code from the Building Department.

Motion to approve with stipulations Mr. Hurme and seconded by Mr. Vinciulla

Vote on the motion: Ms. Cullen aye

Mr. Vinciulla aye

Mr. Ordon aye

Mr. Hurme aye

4-0

Application of Joseph Gallinaro as agent for Eric Jorgensen, owner. Applicant seeks area variances to reduce the required front and side yard set-back and exceed the permitted building height pursuant to the proposed addition of a full second story to the existing two story one family dwelling pursuant to Sections 183-16; 183-17; and 183-12 of the Village Code. Premises located on the east side of Bennet Place approx. 230 feet north of South Ireland Place in a “Residential A” district k/a 94 Bennett Place a/k/a SCTM# 101-9-5-12

Findings:

  1. Looking to build a full 2nd story on the top of the existing structure
  2. Front yard variance seeks 6 inches of relief for new covered front patio
  3. Mr. Jorgensen , a professional surveyor, measured the height of surrounding 15 homes on Bennett Pl ace. He pointed a calibrated laser from the top of the curb to the peak of the homes roof. He submitted his findings to the Zoning Board of Appeals.
  4. The current front yard setback is 25.5 feet
  5. A side yard setback is only needed on one side of the property. It is pre-existing nonconforming, at 8 feet 4 inches.

Stipulations:

  1. Planning Board approval is required
  2. Approval was granted for the work that is reflected on the plans submitted for this application.
  3. Applicant must secure all necessary permits
  4. Applicant must abide by all state and local codes

Motion to approve with stipulations Mr. Ordon and seconded by Mr. Vinciulla

Vote on the motion: Ms. Cullen aye

Mr. Vinciulla aye

Mr. Ordon aye

Mr. Hurme aye

4-0

Application of Kathleen Marren. Applicant seeks an area variance to reduce the required lot size and Special Exception pursuant to the legalization of the existing conversion of a one family dwelling to a Parent/Child residence pursuant to Section 183-43 C (4) of the Village Code. Premises located on the northwest corner of Chichester Ave. and Carlton Ave. in a “Residential B’ district k/a 41 Chichester Ave. a/k/a SCTM# 101-11-15-20

Findings:

  1. Homeowner is considering elevating the home
  2. Family residing in the home consists of Owner of the home, her son, his wife, and their 2 daughters
  3. There are 4 cars parked at this location now but there is room for 7 to 8 cars to be parked there.
  4. Children are not of legal driving age
  5. Applicant has lived in the home for 39 years.
  6. Representative is aware that this applies to just the parent/child relationship, if he decides to move out this property cannot be rented out.
  7. Representative is aware that at the time of the inspection there was no handrail on the 2nd floor and he is happy to take care of that.

Stipulations:

  1. Application is approved for a period of two (2) years as a parent child residence or until change of ownership, whatever comes first.
  2. Applicant must submit proof that is acceptable to the Building Department that the person living with her is her son.
  3. Applicant must conform with all off street parking codes.
  4. Applicant will be responsible for:
  5. Maintenance of building
  6. Maintenance of landscaping and lawn care
  7. Insuring for the timely and appropriate disposal of all rubbish, trash, and garbage.
  8. Location of garbage cans so as not to interfere with off street parking.
  9. Applicant shall contact Building Dept. and schedule yearly required fire safety and property maintenance inspections within ten days of ZBA approval anniversary date.
  10. Applicant must adequately maintain the premises.
  11. Applicant must abide by all applicable codes and laws.
  12. Applicant must comply with all deficiencies from inspection performed on 6/15/2016 i.e. handrail on 2nd floor from 1st floor side entry.
  13. Applicant must secure a rental permit

Motion to approve with stipulations Mr. Vinciulla and seconded by Mr. Ordon

Vote on the motion: Ms. Cullen aye

Mr. Vinciulla aye

Mr. Ordon aye

Mr. Hurme aye

4-0

A motion to adjourn the meeting was made by Mr. Hurme and seconded by Mr. Vinciulla

Vote on the motion: Ms. Cullen aye

Mr. Vinciulla aye

Mr. Ordon aye

Mr. Hurme aye

4-0

Meeting adjourned at 9:00 pm

______

Dina Shingleton, Clerk/Treasurer