[00:00:04]
OKAY.[Call to Order]
WELL, HELLO EVERYBODY.UH, WELCOME TO THE, UH, ZONING BOARD OF APPEALS REGULAR MEETING FOR SEPTEMBER 25TH.
UM, JUST QUICKLY, WE HAVE A COUPLE CASES, UH, ON FOR TONIGHT.
UM, WE WILL CALL THE CASE AND THEN WHOEVER IS PRESENTING THAT CASE, UH, WILL GIVE A PRESENTATION.
THE TECHNOLOGY MAY OR MAY NOT WORK.
UM, AND THEN, UM, THEY'LL HAVE SOME QUESTIONS FROM THE BOARD IF THERE ARE ANY PUBLIC COMMENTS.
I DON'T SEE MUCH PUBLIC HERE TODAY, BUT IF THERE ARE ANY PUBLIC COMMENTS, THEY'LL GO NEXT.
UH, AND THEN WE WILL, UM, DISCUSS THE CASE AND VOTE.
UM, IF YOU DO COME TO THE PODIUM, PLEASE STATE YOUR NAME AND ADDRESS.
[Case No. 07-24]
RIGHT.MARGARET HBA HBA, SHE'S, UH, SHE HAD TO FLY OUT TO WORK IN SAN FRANCISCO, SO SHE COULDN'T BE HERE TONIGHT.
SO ARE WE JUST ADJOURNING THIS TO THE NEXT MEETING? NO, YOU COULD JUST VOTE ON IT.
IN THAT CASE, AN EXTENSION, WE ARE CALLING CASE NUMBER 7 0 7 2 4 MARGARET CBA 4 61 WARBURTON AVENUE.
THIS IS A ONE YEAR EXTENSION OF THE PREVIOUSLY APPROVED SIDE YARD SETBACK VARIANCE.
UM, I THINK LAST TIME WE WENT THROUGH THE FOLLOWING CRITERIA FOR A RENEWAL.
HAS THE APPLICATION CHANGED? NOPE.
HAS ANY OF OUR THINKING CHANGED? WELL, I CAN'T ANSWER THAT
THEN CAN I GET A MOTION? UH, YES.
MOTION, UM, TO APPROVE CASE NUMBER 7 24 MARGARET HOA, UH, 4 61 WAR BURDEN AVENUE, ONE YEAR EXTENSION, PREVIOUSLY APPROVED SIDE YARD SETBACKS, VARIANCE RELIEF FROM THE STRICT APPLICATION OF SECTIONS 2 95 DASH 7 21, E ONE C FOUR OF THE VILLAGE CODE FOR THE REPLACEMENT AND ENLARGEMENT OF A REAR DECK ON THE THREE FAMILY DWELLING AT 4 61 WARBURTON AVENUE.
SAID, PROPERTY IS LOCATED IN THE MRO ZONING DISTRICT AND IS KNOWN AS SBL FOUR 70 DASH FIVE TWO DASH 25 ON THE VILLAGE TAX MAPS.
UM, NEED A SECOND? I'LL SECOND.
UM, AND WE JUST TAKE A QUICK VOTE, RICHARD.
AYE, APPROVE, APPROVE, APPROVE, APPROVE.
OKAY, THAT'S FOR NOTHING, HUMANAS.
[Case No. 15-25]
RIGHT.UH, CASE NUMBER 1525 TRAVIS AND FIONA NOYES, 3 24 FARRAGUT AVENUE.
I'M AN ARCHITECT AND PLANNER, UH, RESIDING AT, UH, 25 ROCK LEDGE AVENUE IN WHITE PLAINS.
UH, AND, UH, I'M HERE WITH MY CLIENT, TRAVIS NOY, WHO IS THE OWNER OF, UH, 3 24 FARGATE, UH, AVENUE.
AND THAT, JUST FOR REFERENCE, THAT BUILDING IS ON THE CORNER OF FARRAGUT AVENUE IN FARRAGUT PARKWAY.
UH, AND, UH, THE, THE NOISES WOULD LIKE TO, UH, CREATE AN ACCESSORY APARTMENT, UH, ACCESSORY DWELLING UNIT, UH, IN AN EXISTING SPACE ABOVE THEIR GARAGE.
IT'S CURRENTLY, UH, AN ATTIC USE FOR STORAGE.
UH, THE, UH, THE ONLY ACTUAL PHYSICAL ADDITION IS THE EXTENSION OF ABOUT SIX FOOT NINE INCHES OF THE DORMER IN TO, IN EACH DIRECTION.
UH, THE, THE BUILD THE BUILDING WAS, UH, STRUCTURE WAS REBUILT, UH, IN 2016 AND WAS BEFORE THE ZONING BOARD AT THAT TIME TO GET VARIANCES FOR, UH, SIDE YARD AND REAR YARD, WHICH ARE, UH, LESS THAN WHAT IS REQUIRED.
UH, THE VARIANCES WE ARE HERE FOR TODAY IS, UH, NUMBER ONE, UH, A, AN ACCESSORY DWELLING UNIT MUST BE IN A FULLY CONFORMING BUILDING, WHICH, UH, IT IS NOT.
AND ALSO FOR THE, UH, HORIZONTAL EXTENSION OF THE DORMERS, THE BUILDING ITSELF IS, UH, NOT IN COMPLIANCE WITH THE EXISTING HEIGHT RESTRICTIONS.
THE CURRENT, UH, ZONING, YOU KNOW, HAS A LIMIT OF 15 FEET.
UH, SO, AND, UH, THE, UH, IF APPROVED, UH, UH, THEY WOULD BE, YOU KNOW, CONVERTING THAT ATTIC SPACE INTO AN ACCESSORY DWELLING UNIT.
UH, IT'S DOESN'T, DIDN'T REQUIRE ANY WAIVERS FOR THE PLANNING BOARD.
THE PLANNING BOARD SENT US HERE AFTER, YOU KNOW, GENERALLY APPROVING IT, BUT THEY CAN'T GIVE IT FINAL APPROVAL TILL THE ZONING BOARD SAYS.
SO ANY QUESTIONS? I'D BE HAPPY TO ANSWER THEM.
MR. CHAIR, I HAVE A RECOMMENDATION, A MEMORANDUM FROM THE, UH, ZONING BOARD TO THE PLANNING BOARD.
I CAN READ IN THE, INTO THE RECORD, IF YOU LIKE.
TO THE ZONING BOARD OF APPEALS.
[00:05:01]
BOARD APPLICATION OF TRAVIS AND FIONA NOYES, 3 24 FARGATE AVENUE, THE PLANNING BOARD REVIEWED THE ABOVE APPLICATION FOR A NEW ACCESSORY APARTMENT IN THE EXISTING DETACHED ACCESSORY GARAGE STRUCTURE.THE ACCESSORY APARTMENT IS TO BE LOCATED ON THE SECOND FLOOR OF THE EXISTING NON-CONFORMING GARAGE WITH THE EXPANSION OF AN EXISTING DORMER, AND THEREFORE REQUIRES VARIANCES.
THE PLANNING BOARD IS FULLY IN SUPPORT OF THIS APPLICATION, WHICH WILL NEED TO RETURN TO THE PLANNING BOARD, ASSUMING THE VARIANCE TO GRANTED AND REQUESTED ONLY SOME ADDITIONAL CLARIFICATION ON THE LOCATION OF THE PARKING FOR THE ACCESSORY APARTMENT.
THE QUESTIONS REGARDING PARKING WERE ANSWERED TO THE PLANNING BOARD SATISFACTION.
THE CLOSEST NEIGHBOR APPEARED IN SUPPORT OF THE APPLICATION.
UM, I FAILED TO ASK THE BUILDING INSPECTOR IF THE MAILINGS WERE IN ORDER.
ALL THE MAILINGS ARE IN ORDER, SIR.
AND DID WE RECEIVE ANY, UM, WRITTEN COMMENTS ON THIS? UM, WE HAVE, WE HAVE ONE.
UH, WE HAD ONE, THE MOST DIRECT NEIGHBOR, UM, COME OUT IN SUPPORT LAST WEEK AT PLANNING BOARD.
AT THE PLANNING BOARD MEETING, AND WE ALSO GOT A VERBAL, UM, FROM THE NEIGHBOR ACROSS THE STREET ALSO IN SUPPORT OF THE APPLICATION.
ANY QUESTIONS FROM THE BOARD? NO.
UH, WELL, I MEAN, MY, MY QUESTION WAS REALLY JUST BECAUSE THE, THE, WHAT I SEE OF, UH, WHAT I THINK THAT STRUCTURE IS THAT YOU'RE GONNA BE PUTTING IT IN.
IT IS QUITE CLOSE, I THINK, TO ONE OF THE PROPERTIES ON THE ADJOINING.
BUT MY, MY QUESTION WAS REALLY, YES, THAT'S MRS. UH, SODERSTROM WHO CAME TO THE PLANNING BOARD MEETING IN SUPPORT OF THE PROJECT.
IT, UH, IT ABUTS HER PROPERTY ABUTS THE REAR YARD.
AND SO THEY'VE ALREADY SPOKEN ABOUT PARKING, UM, AND, YOU KNOW, ASSUMING THAT EVERYTHING IS SQUARED AWAY WITH THE, UH, WITH THE NEIGHBORS, I THINK THAT THAT'S MOST OF WHAT I WOULD, YOU KNOW, KIND OF AT LEAST WANNA MAKE SURE THAT WE, WE HAD SORTED.
WELL, IF THERE ARE NO QUESTIONS, MAYBE WE'LL JUST RUN QUICKLY THROUGH THE FACTORS, UM, AND JUST MAKE SURE THAT, UM, WE'RE CLEAR ON ALL OF THEM.
UM, SO, UH, THESE ARE THE FACTORS THAT WE CONSIDER IN GRANTING AREA VARIANCES.
THE FIRST ONE IS WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD, OR A DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE.
DOES ANYONE HAVE ANY CONCERNS ON THAT FACTOR? NO.
OR COMMENTS? UM, I WILL SAY, UM, YOU KNOW, I THINK, I THINK THE, YOU KNOW, GIVEN THAT THIS IS A CORNER LOT, THERE IS ONE NEAR NEIGHBOR, BUT A LOT OF THE OTHER BORDERS ARE TO THE PUBLIC WAY.
WESTCHESTER COUNTY IS ANOTHER NEIGHBOR.
UH, TWO, WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME METHOD FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN THE AREA OF VARIANCE, ANY COMMENTS OR QUESTIONS ON THAT? AGAIN, I THINK, YOU KNOW, IT'S AN EXISTING, IT'S ESSENTIALLY AN EXISTING OF A NON-CONFORMING CONDITION.
YOU'RE NOT INCREASING THE NON-CONFORMING HEIGHT.
BUT WE CAN, I THINK WE CAN SEE HOW THIS MAKES IT A MORE RENTABLE YES, UH, USABLE SPACE.
WHETHER THE REQUESTED AREA OF VARIANCE IS SUBSTANTIAL.
NO, I DO THINK THAT, YOU KNOW, IF YOU, IF YOU GO BACK TO THE PRIOR TO 2016, IT, IT IS SUBSTANTIAL, BUT RELATIVE TO WHAT WAS PREVIOUSLY APPROVED, I THINK IT'S INCREMENTAL.
UM, SO I, I THINK THAT I'M PERSONALLY SATISFIED, UH, FOR WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
THIS ACTUALLY IS KIND OF HARD TO SEE THIS PROPERTY FROM THE PUBLIC WAY.
UH, I WENT BY, IT'S, IT'S WELL PROTECTED
ANYONE WANT TO COMMENT ON THAT ONE? AS WE ALWAYS SAY, ANYTHING ELSE WOULD BE POSSIBLE, BUT THIS DOES SEEM LIKE A REASONABLE SOLUTION.
UM, ANY OTHER QUESTIONS OR COMMENTS? I DON'T SEE ANY PUBLIC.
WOULD SOMEBODY LIKE TO MAKE A MOTION? I'LL MAKE A MOTION.
UM, I'LL MAKE A MOTION TO APPROVE CASE NUMBER 15 DASH 25 TRAVIS AND FIONA NOYES, UH, 3 24 FARGATE AVENUE FOR RELIEF FROM THE STRICT APPLICATION OF SECTIONS 2 95 DASH 67 D TWO B ONE B, UH, 2 95 DASH 55 A AND 2 95 DASH 68 F 1D THREE A AND B OF THE VILLAGE CODE FOR THE PROPOSED CREATION OF AN ACCESSORY DWELLING UNIT AND EXISTING NON-CONFORMING DETACHED GARAGE ON THEIR PROPERTY AT 3 24 FART AVENUE.
ANYONE WANTS TO SECOND? A SECOND? ALL RIGHT, BRIAN.
[00:10:01]
RIGHT.SO YOU'RE UNANIMOUS UNANIMOUSLY APPROVE.
CONGRATULATIONS AND GOOD LUCK, MR. CHAIRMAN.
MAY I RECOMMEND THAT, UH, COUNCIL PIPE PREPARE A, UM, A MEMORANDUM TO THE PLANNING BOARD? YES, PLEASE.
UM, THAT THEY APPROVE THE, UM, THAT THE PLANNING BOARD APPROVES THE ACCESSORY, THE AD, THE ACCESSORY DOLLING UNIT.
I MEAN, AND I JUST BY WAY OF, UH, WE APP I THINK IT'S A, YOU APPROVE THE VARIANCES.
BUT I THINK YOU SHOULD RECOMMEND THE APPROVAL OF THE A DU ITSELF.
ARE YOU, IS EVERYONE OKAY WITH THAT? YEP.
I MEAN, I, I DO APPRECIATE THE PLANNING BOARD SENDING US A MEMO.
[Approval of Minutes]
UM, OKAY.UM, THE ONLY OTHER PIECE OF BUSINESS HERE IS THE APPROVAL OF THE PREVIOUS MEETING MINUTES.
WAS EVERYONE HERE LAST MINUTES IN AUGUST 28TH? YES.
DOES ANYONE HAVE ANY CORRECTIONS OR CHANGES TO THE MINUTES? NO.
NO? CAN WE GET A MOTION TO APPROVE, UH, MOTION TO APPROVE THE MINUTES FROM THE PREVIOUS AUGUST MEETING? A SECOND.
UH, ALL IN FAVOR? WE'LL DO THIS EASY WAY.
APPROVED MINUTES ARE APPROVED.
[Announcements]
UH, ALRIGHT.UH, NEXT MEETING IS OCTOBER 23RD.
UM, JUST A REMINDER THAT WE ARE WITHOUT AN ALTERNATE, SO IF YOU KNOW NOW THAT YOU CANNOT BE HERE, MAYBE WE SHOULD LET SOMEBODY KNOW.
IF ANYBODY, IF WE KNOW WE'RE NOT GONNA HAVE A QUORUM OR WE'RE GONNA NEED A HUNDRED PERCENT OF THE VOTE, UM, OF THE FREE, UM, TO PASS A TO PASS A CASE, IT WOULD BE GOOD TO KNOW AHEAD OF TIME SO I COULD LET THE APPLICANTS KNOW.
OR IF WE HAVE TO ADJOURN OKAY.
ANYTHING ELSE BEFORE WE ADJOURN THE MEETING? NO.
DO WE NEED A MOTION TO ADJOURN? IS THAT RIGHT? DO WE DO THAT? SOUNDS RIGHT.
ANYONE,