ZONING BOARD OF APPEALS. Meeting Minutes December 20, 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 December 20, 2016 The members present were:,,, Mr. Prince, and. Mr. Guyot and Mr. Scorrano were 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: CHRISTINE BESHAR BZ19/ (CARRYOVER) An application for a Special Exception Use Permit to raise and house alpacas, 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). At the November 15, 2017 meeting, Christine Beshar addressed the Board. The Stone House is for sale and the potential buyer (Frauke Berman) would like to purchase it to be used as a residence, as well as to raise and house alpacas. She was seeking a Special Exception Use Permit and a determination as to whether or not an alpaca is a medium or large animal. Those in attendance were given an opportunity to speak and the Board engaged in a lengthy discussion. A motion was made and seconded that an alpaca is a medium animal. All were in favor. 1

2 In an effort to deal with the Special Exception Use Permit portion of the application, 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, arrangements would be made for the Board to visit the Beshar property and Little Creek Farm, which is where Ms. Berman s alpacas are presently housed. Numerous attempts were made to connect with Ms. Berman to no avail. As no one was in attendance this evening to present the application, it was adjourned. OLEG ALECKSANDROVICH BZ22/ (CARRYOVER) An application for an Area Variance for an accessory in a front yard, located in an 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). Steven Waldinger of Shapiro, Gettinger and Waldinger, LLP addressed the Board at the November 15, 2016 meeting. He was 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, therefore a site visit would be conducted and the application was adjourned until tonight. Mr. Waldinger addressed the Board and restated the reason for the application. After conducting a site visit to the property, all members agreed that there is no other location for the carports. They will be moved to the locations as indicated on the survey provided and Building Permits will be secured. made a motion for a Type II Action. seconded the motion. 2

3 made a motion to approve two Area Variances, one for a side yard setback of 10.9, as well as a front yard setback of 24. seconded the motion. The Area Variances were granted. GLENN ALBRIGHT BZ23/ An application for a renewal of a Special Exception Use Permit for an accessory apartment in a detached garage, located in an R-80 Residence District at 9 Route 100, Katonah. The property is shown on the Town Tax Map as Section: 58.12, Block: 1, Lot: 5. RE: Section Schedule Glenn Albright addressed the Board. The apartment is currently empty. Mr. Citarella confirmed that he has inspected the apartment and there have been no changes. It meets all code requirements, and there have been no complaints or violations. made a motion for a Type II Action. seconded the motion. made a motion to grant the Special Exception Use Permit for an accessory apartment for 7 years. seconded the motion. 3

4 The Special Exception Use Permit was granted. RONALD AND HEATHER SENATORE BZ24/ An application for an Area Variance for less than the required side yard setback, as well as an Area Variance for lot coverage, located in an R-80 Residence District at 54 Orchard Hill Road, Katonah. The property is shown on the Town Tax Map as Section: 37.06, Block: 1, Lot: 6.2. RE: Section Schedule 170:A1 of the zoning schedule and A. Steve Dimovski of Dimovski Architecture PLLC addressed the Board. He is representing Ronald and Heather Senatore. An Area Variance for a 16.7 side yard setback for a breezeway addition to connect the house to an existing garage is being requested, as well as a 209 Area Variance for lot coverage. made a motion for a Type II Action. seconded the motion. made a motion to approve two Area Variances, one for a side yard setback of 16.7, as well as lot coverage of 209. seconded the motion. The Area Variances were granted. 4

5 ROBERT VELZY AND COURTNEY CRONIN BZ25/ An application for an Area Variance for less than the required side yard setback, located in an R-10 Residence District at 15 Parkway Drive, Yorktown Heights. The property is shown on the Town Tax Map as Section: 16.09, Block: 3, Lot: RE: Section Schedule 170:A1 of the zoning schedule. Paul Berte of Petruccelli Engineering addressed the Board. He is representing Robert Velzy and Courtney Cronin. There is an existing septic system with a failing trench, as well as an existing failing concrete retaining wall in front of the property which restricts driveway access. A permit has been received from the Westchester County Department of Health for the septic trench replacement. As a result, the applicant is constructing a new driveway and a 1.3 Area Variance for a side yard setback is needed. In addition the maximum driveway slope is 12% and 14% is needed, therefore a 2% Area Variance is being requested. made a motion for a Type II Action. seconded the motion. made a motion to approve two Area Variances, one for 1.3 side yard setback, as well as 2% for the driveway slope. seconded the motion. The Area Variances were granted. ROSEMARIE DISIENA BZ26/ and 2.1 An application for an Area Variance to proceed with a conservation subdivision, located in an R-80 Residence District at 126 and 128 Route 139, Somers. The property is 5

6 shown on the Town Tax Map as Section: 27.08, Block: 2, Lot: 1 and 2.1. RE: Section Schedule (c). Tim Allen of Bibbo Associates addressed the Board. He is representing Rosemarie DiSiena. This project is currently before the Planning Board. It consists of a 4 lot subdivision that includes two existing and two new dwellings. 12 acres are required for a conservation subdivision and the applicant is seeking an Area Variance as they only have 11.7 acres. The existing driveway will be shared so there is no need for a Town road and the owner will be responsible for maintaining it as is. The conservation easement will allow for the protection of the scenic and stream corridors. A third party will monitor the easement. A letter dated November 23, 2016 was received by the Planning Board recommending that the Zoning Board of Appeals grant the variance. made a motion to accept the SEAF Part 1. seconded the motion. made a motion to approve the Area Variance to proceed with the conservation subdivision for minimum lot size of 12 acres when the lot size is 11.7 acres. seconded the motion. The Area Variance was granted. OTHER BUSINESS: A motion was made by the Chairman to approve the minutes of the November 15, 2016 meeting. All were in favor. 6

7 The next monthly meeting of the Zoning Board of Appeals is scheduled to be held on January 17, 2017 at 7:30 p.m. There being no further business, the meeting was adjourned at 8:30 p.m. Respectfully submitted, Denise Schirmer, Secretary Zoning Board of Appeals cc: Town Board Town Clerk Planning and Engineering Planning Board 7