ZONING BOARD OF APPEALS TOWN OF LEWISBORO MINUTES

Transcription

1 ZONING BOARD OF APPEALS TOWN OF LEWISBORO MINUTES Minutes of the Meeting held by the Zoning Board of Appeals on Wednesday, November 18 th 2009 at 8:15 p.m., at the Town House, 11 Main Street, South Salem, New York Board Members: Present: Carolyn Mandelker, Acting Chairperson Thomas Casper Robin Price, Jr. Jason Krellenstein Absent: Geoffrey Egginton Also in Attendance: Alex Posadas ZBA Secretary ****************************************************************************** The Meeting was called to order at 8:15 p.m. Ms. Mandelker introduced herself and the Board members; Mr. Krellenstein, Mr. Price, and Mr. Casper. She also introduced Jennifer Herodes, Esq. of the firm Herodes & Mole P.C. They have been retained by the Town of Lewisboro to assist the ZBA on matters as necessary. Ms. Mandelker announced that in the preparation of a Resolution, a decision is drafted from the minutes of all Public Hearings on a particular application; therefore, it takes approximately thirty to forty-five days to prepare a Resolution. Ms. Mandelker announced that the next ZBA Meeting will be Wednesday, December 16 th 2009 with a site walk scheduled for the morning of Saturday, December 12 th She stated that the site walk is part of the public hearing and all interested parties may attend. Review and adoption of the Minutes of the ZBA meeting of October 28 th 2009 were held. Mr. Krellenstein moved to approve the minutes as amended. The motion was seconded by Mr. Price; In favor: Mr. Krellenstein, Mr. Price, Mr. Casper and Ms. Mandelker; Absent: Chairman Egginton; Abstained: None; CAL. NO BZ Application of the Town of Lewisboro Planning Board pursuant to Article IX of the Code of Lewisboro and New York State Town Law 267-a to appeal a determination by the Building Inspector with respect to the interpretation of Article III (E)(2) of the Zoning Ordinance. Ms. Herodes, Esq. stated that Article III (E)(2) of the Zoning Ordinance was referred to the ZBA by the Planning Board for an interpretation. She stated that the question was if that section applied to any lot or newly created lots. Ms. Herodes stated that the question came up because the Building Inspector felt it applied only to new lots which was past practice but the Planning Board felt otherwise that it applied to any lot. Ms. Herodes stated that the opinion of their office is that (E)(2) refers to a lot defined in 2 as newly created lots or existing lots. She stated that therefore (E)(2) applies to all lots. Ms. Herodes stated that it should be noted that the prior version of (E)(2) applied to newly created lots and when it was changed those words were deleted. She stated that the fact is it states a lot which refers to existing and newly created lots. ZBA MINUTES 11/18/09 PAGE 187

2 Ms. Mandelker asked if we know why it was changed or what the intention was. Ms. Herodes responded that any argument on intent should not be taken. She stated that it is notable that (E)(1) has retained the language for any newly created lot. Ms. Herodes stated that this issue is before the Town Board on whether or not they want to amend that language. Mr. Krellenstein stated that he was under the impression that the Building Inspector requested that this matter be adjourned. He asked if it is their determination to vote on this tonight. Mr. Casper stated that it was very thoughtful of the Building Inspector because it is very difficult for him to attend the meetings. He stated that the Building Inspector had been very clear in his writings to the ZBA. Mr. Casper stated that it is pretty clear that the ordinance was changed and the ZBA should vote on it now because the Building Inspector is trying to straddle a line. He stated that the ZBA will clarify it and the Town Board will move forward on a better writing. Ms. Mandelker read the Building Inspector s memo dated November 18 th 2009 into the record. She stated that she agrees with Mr. Casper and that the Building Inspector did voice his opinion last month. Mr. Krellenstein asked if the ZBA has to vote on the request to adjourn. Ms. Herodes responded no. Mr. Krellenstein stated that he is prepared to vote on the interpretation. Ms. Mandelker asked if anyone wished to be heard either in favor or opposed. No one responded. Mr. Krellenstein asked if Mr. Lustig s Counsel was present tonight because he had requested to be heard on this. Mr. Price asked if the ZBA could change the ordinance. Mr. Casper responded that the ZBA can not change the ordinance; all they can do is interpret it. He stated that their hands are tied. Ms. Herodes stated that the request to amend the ordinance has been made to the Town Board. Mr. Casper moved that the ordinance be interpreted as written and applies to all lots and not just to newly created lots. The motion was seconded by Ms. Mandelker; In favor: Mr. Casper, Mr. Price, Mr. Krellenstein, and Ms. Mandelker. Abstain: None; Absent: Chairman Egginton; Ms. Herodes departed at 8:25PM. I. DECISIONS- (Tentative) CAL. NO BZ Wendy Gennimi, 19 Lower Salem Road, S. Salem, NY Application for a variance of Article III, E (b) (d) of the Zoning Ordinance in the matter of existing fencing (actual 151 feet) which is longer than 100 feet in length on the street than permitted in an R-1A, One Acre Residential District. Violation dated November 14, ZBA MINUTES 11/18/09 PAGE 188

3 The property is located on the east side of Lower Salem Road, designated on the Tax Map as Sheet 32C, Block 10819, Lot 15, in an R-1A, One-Acre Residential District. No one was present to represent the applicant. Ms. Mandelker stated that this matter will be adjourned until such time that litigation in the Federal Court in White Plains involving the applicant and the Town is resolved. CAL. NO SP Douglas K. Paulding, 20 Wakeman Road, South Salem, NY [Owner of record: Linda B. Paulding, 20 Wakeman Road, South Salem, NY 10590] Application for the renewal of a Special Permit pursuant to Article V, Section of the Zoning Ordinance to authorize the storage of Contractor s Equipment. The property is located on the south side of Wakeman Road, designated on the Tax Map as Sheet 47C, Block 10066, Lot 15, in an R-2A, Two-Acre Residential District. No one was present to represent the applicant at the meeting. Ms. Mandelker stated that this matter will be adjourned until such time that litigation involving the applicant and the Town is resolved. CASE ADJOURNED. CAL. NO BZ John Eckerson, 27 Old Oscaleta Road, South Salem New York Application for [1] a variance of Article IV E and [2] Article IV D(11) of the Zoning Ordinance in the matter of the proposed construction of a new two story boat house on an existing foundation (proposed boathouse on shore line shown to be the property line, where 50 is required) and that will be larger than permitted (proposed 1626 square feet where 600 square feet is permitted) in an R-4A, Four-Acre Residential District. The property is located on the north side of Old Oscaleta Road, designated on the Tax Map as Sheet 35, Block 11826, Lots 3 in an R-4A, Four-Acre Residential District. Ms. Mandelker stated that they received many letters on this application. She stated that they are Exhibits A through S and are now part of the file. Ms. Mandelker read a letter requesting an adjournment until February from Mr. Eckerson s attorney dated November 17 th THE PUBLIC HEARING IS HELD OPEN. CAL. NO SP Kathleen Broderick, 41 Lockwood Road, South Salem, New York Application for a Special Permit pursuant to Article V, of the Zoning Ordinance in the matter of an existing accessory apartment in an existing accessory building in an R-2A, Two Acre Residential District. Order to Remedy Violation issued 8/10/09. The property is located on the east side of Lockwood Road, designated on the Tax Map as Sheet 48, Block 10057, Lot 81 in an R-2A, Two-Acre Residential District. Ms. Mandelker stated that the Board conducted a site walk on Saturday, October 31 st. She read Mr. Egginton s comments into the record. Ms. Mandelker stated that the apartment was clean and tidy. ZBA MINUTES 11/18/09 PAGE 189

4 Mrs. Broderick was present at the November 18 th meeting. Mr. Krellenstein asked Ms. Broderick if she was asked to remove the kitchen or housekeeping facilities when she received the violation from the Building Inspector. Ms. Broderick responded that the Building Inspector told her she could leave it and work with him. Mr. Krellenstein stated that it was admirable that the applicant is legalizing the apartment. Ms. Broderick asked what happens if she sells the house. Ms. Mandelker responded that the new property owner would have to apply for a change of ownership. She asked if anyone wished to be heard either in favor or opposed. No one responded. Ms. Mandelker moved that the application be approved as presented. Mr. Casper stated that the application meets all of the criteria of the Zoning Ordinance for a Special Permit. He stated that as such the applicant is entitled to it as a matter of right. The motion was seconded by Mr. Krellenstein; In favor: Mr. Casper, Mr. Price, Mr. Krellenstein, and Ms. Mandelker. Abstain: None; Absent: Chairman Egginton; THE APPLICATION IS APPROVED. CAL. NO BZ Henry Silverman, 267 Peconic Bay Blvd., Riverhead, New York Application for [Property location 68 Hemlock Road, South Salem, New York 10590] for [1] Article IV E and [2] Article III 220-9D(2) of the Zoning Ordinance in the matter of the proposed reconstruction of a residence on an existing foundation that is closer to the side lot line (existing/proposed 3.1 where 15 is required) and to the front lot line (existing/proposed 7.4 where 30 is required) and that will result in an increase in non-conformity other than use than permitted in an R-½A, One Half-Acre Residential District. The property is located on the west side of Hemlock Road, designated on the Tax Map as Sheet 42E, Block 10284, Lots 4, 5 & 7 in an R-½A, One Half-Acre Residential District. Mr. Scott Frey was present to represent the property owner at the November 18 th meeting. Ms. Mandelker read Chairman Egginton s comments into the record which included that the site plan should indicate the location and extent of the existing septic system including the tank and the drain fields. She stated that Chairman Egginton s opinion also stated that the total area of the proposed house can be larger than the original house but the footprint of the new house must be the same as the original house. She stated that the footprint of the proposed house does exceed in places the footprint of the existing house. Ms. Mandelker stated that Chairman Egginton did not have a problem with the 9 year delay in rebuilding the house. Ms. Mandelker read a letter from Boku and Emily Prince, 62 Hemlock Road dated 11/18/09. Mr. Casper stated that he can not vote on this application. He read a letter from Elvira Franco, 73 Hemlock Road dated 10/30/09 into the record. ZBA MINUTES 11/18/09 PAGE 190

5 Ms. Mandelker stated that a site walk was conducted on the morning of Saturday, October 31 st Mr. Krellenstein stated that it was a burnt out shell, the foundation appears to exist. He stated that there is no other way to characterize it other than a fire damaged foundation. Mr. Krellenstein stated that Mr. Casper is recusing himself tonight. He stated that the applicant would need the approval of all 3 Members that are seated here tonight and without the unanimity of all 3 Members the application will be denied. Mr. Frey stated that he understands but would like to hear the Board s thoughts. He stated that the house was occupied for a long time as a residence. Mr. Frey stated that there were no violations on the house. He stated that there is still liquid and solid in the holding tank because it is not going to leech out. Mr. Frey stated that this is the original 2 bedroom house and they are not increasing the bedroom count. Ms. Mandelker asked if they are planning on expanding beyond the original footprint. She stated that there are 4 areas that appear to be bumped out. Mr. Frey stated that he is not aware of that. Ms. Mandelker reviewed the sketch on the Assessor s card. Mr. Frey stated that the bump outs do not match the foundation. He stated that the architect actually came out to the site and measured the foundation. Mr. Frey stated that the box is actually on the other side. Ms. Mandelker asked if the sketch is incorrect. Mr. Frey responded that it is just a porch. Mr. Krellenstein asked if the left side is a bump out. Mr. Frey stated that it does exist but on the other side. He stated that it is incorrect on the file but it does exist. Mr. Frey stated that the architect knew it was critical to stay with the same footprint. Ms. Posadas stated that the measurements were taken by the Assessor. Ms. Mandelker asked where the sketch came from. Ms. Posadas responded that it is the official Assessor s card on file in the Assessor s office. Ms. Elvira Franco came up to review the sketch. She stated that there was no front porch it was just concrete. Ms. Posadas stated that the original square footage of the house according to the Assessor s card is 798 square feet and the proposed square footage is Mr. Frey stated that the square footage and height are allowed by the Building Department. He stated that the house had a second story and the card does not show the square footage of that area. ZBA MINUTES 11/18/09 PAGE 191

6 Ms. Posadas responded that according to the Assessor s card the 798 square feet does include the second floor. Ms. Mandelker stated that the second floor was originally 144 square feet and the original first floor was 654 square feet. Mr. Krellenstein asked if the applicant is proposing 1317 square feet. Mr. Frey responded yes. Mr. Price stated that there is room on the lot to bring it into conformity with all the setbacks. He stated that if it is a viable building lot why can t the house be moved back so that it is out of the front and side setback. Mr. Frey stated that he did not know that it could be done. He stated that he did not know if it would encroach on the future septic area. Ms. Mandelker stated that the back is a slope. Mr. Frey stated that he is not saying no. Ms. Mandelker asked if the proposed house is being built in the same area with no bump outs at all. Mr. Frey responded yes. Ms. Mandelker stated that the proposed second floor is taller and fuller. Mr. Frey stated that he does not know what existed. He stated that it met the requirements of the Health Department. Ms. Franco stated that she remembers the house as it was. She stated that the top floor was actually just 2 dormer windows and more like an attic. Ms. Franco stated that it was not a full second story. She stated that the proposed house is a big house on a small lot. Mr. Anthony Attillio, 70 Hemlock Road stated that the town has the original blue prints of the house. He stated that the proposed house is double the size of what used to be there. Mr. Tim Fish, 74 Hemlock Road stated that he was in the house 10 years ago. He stated that there was a front porch, the roof sloped up and there was an open room with a stairwell that went upstairs to a loft. Mr. Attillio stated that the house that was there before was a cottage or bungalow. He stated that they are trying to put a house directly over cottages. Ms. Prince stated that they feel something wrong is going on here. She stated that with respect to their health, they will take that up with the Health Department. Ms. Prince stated that zoning regulations and rules are being compromised and she hopes that the Board will uphold their duties. ZBA MINUTES 11/18/09 PAGE 192

7 Mr. Krellenstein stated that he is not indicating which way he will vote and asked if a structure on the property is better than the existing site. He asked doesn t the property owner have the right to the use and enjoyment of that property. Ms. Prince stated that their health and privacy are being compromised. She stated that she would like to purchase the property. Mr. Attillio stated that the foundation is an eyesore and he would love to see the original house put back. He stated that the zoning has changed in this area. Mr. Attillio stated that the applicant should move it over and build the original house. He stated that the septic tank has been open, the well is exposed and the teens in the neighborhood could possibly get hurt. He stated that it should be cleaned up. Mr. Krellenstein stated that the owner is proposing to do just that. Ms. Prince stated that it is for a profit. Mr. Krellenstein asked how that is relevant. He stated that a structure on that site is an improvement over the current condition. Mr. Krellenstein stated that a burned out lot is an eyesore. Ms. Prince stated that it is not a charred structure, she sees land. Mr. Frey stated that there is nothing in the file to indicate the septic did not function. He stated that the tank is not stable. Mr. Bernard Marquez, 74 Hemlock Road stated that he would rather see the burned out shell as opposed to the house. He stated that the rationale for is that there will not be another well. Mr. Marquez stated that some of the residents have shallow wells and there are a lot of wells in a very small area, the water table is already low and there is more salt in the water table. He stated that it is a different time now, the houses were built a long time ago and we need to apply different standards now. Mr. Marquez stated that he had been in that house and it was not 2 bedrooms, it was just one room. He stated that maybe it had a CO as a 2 bedroom but it was just one big room with a loft upstairs. Mr. Marquez stated that he had to abandon his well because it was contaminated with salt. He stated that now there will be another house, another septic and another driveway. Mr. Boku Prince, 62 Hemlock Road, stated that he would like to purchase the property and he discussed his plans regarding the expansion of his home. Mr. Prince stated that his house is a one bedroom. Ms. Mandelker stated that if they build a 2 bedroom house on that property and you have a 1 bedroom house that would be 3 bedrooms between the 2 lots. She asked if the applicant does not build and you purchase the property and expand your house to a 3 bedroom house, it is still 3 bedrooms. Ms. Mandelker stated there will still be an impact. Mr. Prince stated that it will be a more efficient structure with one well and one septic. Mr. Peter Lorenzini, 81 Hemlock Road stated that besides all the health concerns and the lake, most of their houses are tiny cottages. He stated that the proposed house is big and will stick out ZBA MINUTES 11/18/09 PAGE 193

8 like a sore thumb. Mr. Lorenzini stated that for them to build the house that previously existed, would not be worth it. He is building something that does not fit into the character of the neighborhood. Mr. Krellenstein asked what the ball park sizes are of the homes in the area. The neighbors each stated the square footage of their individual homes which ranged from 900 to 1400 square feet. Mr. Marquez stated that the difference is the proposed house has a second floor which is literally 3 feet from the property line on a hill looming above Mr. Attillio s house. He stated that there will be no privacy and they will be looking directly down on him. Mr. Kevin Daly of Lake Kitchawan Association stated that they do not want to see this happen and don t want an impact on the lake. Ms. Mandelker asked if the neighbors would object to a house within the existing footprint and less than 1000 square feet. Mr. Attillio responded yes. He asked if the Board would approve his plans for his proposed garage to be 3 feet from the property line. Ms. Mandelker responded that they do not respond to hypothetical questions. Mr. Price stated that he looked at the site plan and asked if the house could be relocated and come into conformity with the setbacks. He stated that there has been a lot of talk about the septic and health concerns, if it is working order then there is no problem. Mr. Price stated that he has not seen anyone else installing a new state of the art septic. He stated that if everyone is concerned about the septics, there should be a lot more action on that respect. Mr. Price stated that the house should be reconfigured within the setbacks and maybe reduce the size of the house. Mr. Frey asked if it should be moved back from the side setback or the front setback. Mr. Price responded it should be 15 from the side property line and 30 from the front property line. Mr. Frey stated that the area may be off limits for the septic. He stated that he would do the research. Mr. Frey stated that he can not answer for Mr. Silverman but he would discuss it with him. Mr. Price stated that the applicant has an opportunity to bring this house into compliance. Ms. Mandelker stated they have not voted but the consensus of the Board is that they would not approve this application. Mr. Krellenstein stated that his personal view is that the requested variances are too large and the house is large for the character of the neighborhood. He stated that he is concerned and unwilling to deprive the owner of the full value of the property but right now the variance requests are not something that he is comfortable with. Mr. Krellenstein stated that the proposed size of the house is inconsistent with the character of the neighborhood. He stated that it is not a vote. ZBA MINUTES 11/18/09 PAGE 194

9 Mr. Lorenzini stated that he is on the Lake Kitchawan Board and they have worked very hard with their neighbors trying to get improvements to the septic systems. He stated that he can not walk into someone s house and throw them out because their septic is not working right. Mr. Lorenzini stated they have applied for grants from the state and county. He stated that to make that comment that we don t care about everyone else and want to screw Mr. Price responded that he did not say that. Mr. Krellenstein stated that he did not say anything like that. He stated that Mr. Price s comment was in reference to the fact that a brand new house would have a state of the art septic. Mr. Krellenstein stated that he did not take a dig at you, your committee or the neighborhood. Ms. Mandelker stated that they have not taken a vote and the question is, if the applicant is interested in bringing the house into conformity. Mr. Frey stated that he would discuss it with Mr. Silverman. Ms. Mandelker stated that they would have to adjourn the meeting until January so that the Chairman would be present to vote as Mr. Casper has recused himself. Mr. Lorenzini asked who has final say regarding the septic system. Mr. Price responded the County Health Department. THE PUBLIC HEARING IS HELD OPEN. CAL. NO BZ Sophia Yancopoulos, 12 Hemlock Road, South Salem, New York Application for [1] Article IV E and [2] Article III 220-9D(2) of the Zoning Ordinance in the matter of the proposed addition to a residence that will be closer to the side lot line (existing/proposed 6 where 15 is required) and that will result in an increase in non-conformity other than use than permitted in an R-½A, One Half-Acre Residential District. The property is located on the west side of Hemlock Road, designated on the Tax Map as Sheet 42A, Block 10288, Lot 58 in an R-½A, One Half-Acre Residential District. Ms. Yancopoulos was present at the November 18 th meeting and accompanied by her contractor, Frank DiLeo of Finishing Touch. Ms. Mandelker stated that a site walk was conducted on the morning of Saturday, October 31 st She asked if anyone wished to comment on the site walk. Mr. Price asked if the neighbor is here tonight. There were no neighbors in attendance. Ms. Yancopoulos stated that Ms. Shaver s attorney was in touch with her architect. Mr. Price asked if things have been resolved with the neighbor. Mr. Krellenstein asked if the attorney is Les Maron. ZBA MINUTES 11/18/09 PAGE 195

10 Ms. Yancopoulos responded yes. She stated that the neighbor was worried about run off issues due to the steep slope. Ms. Yancopoulos asked if the Board members recall the steep slope and wetland issues. Mr. Krellenstein responded that the wetland issues are not their purview. Ms. Yancopoulos stated that her architect was in contact with the Wetland Inspector. She stated that the existing house is 500 square feet and the addition would cover half of the existing deck. Ms. Yancopoulos stated that there were some issues with the septic and her architect discussed those issues with the Health Department. She stated that she is concerned about the runoff and initially considered putting in a dry well. Ms. Yancopoulos stated that they can not install a dry well so they will install a rain garden. Mr. Krellenstein stated that he would assume that the neighbors would have attended the meeting if things did not get worked out. He stated that Les Maron would have been here if there was an issue. Ms. Yancopoulos stated that the neighbors felt she was addressing all of their concerns, but she did not want to speak for them. She stated that it is her intention not to harm the mountain. Ms. Mandelker stated that the Wetland Investigation Report from Aleksandra Moch dated 11/7/09 was entered into the record. She entered the document from Katonah Septic, dated 11/7/09 into the record. Mr. Frank DiLeo stated that the ceiling is 6 8 and the kitchen cabinetry is custom because you can not have standard cabinets with the low ceiling height. He stated that the addition is 180 square feet. Mr. DiLeo stated that the house would not extend past the railing and they are not getting any closer to the property line. He stated that the foundation will be able to hold the new structure. Mr. DiLeo stated that they are removing 2 supports which will be replaced because they are too close to the existing septic. He stated that there will be no heavy machinery or excavating on this project. Mr. DiLeo stated that the concerns about the runoff were about the heavy equipment and excavating and that is not going to happen. He stated that all they are using is a post hole digger. Ms. Yancopoulos stated that the neighbors were concerned about roof run off. Mr. DiLeo stated that if there is 5000 square feet of disturbance then you have to put dry wells in. He stated that the entire property is only 6100 square feet, so they are below the threshold and it is not required. Mr. DiLeo stated that as a good will gesture, Ms. Yancopoulos has offered to put in a 6 by 8 rain garden with plants so that any water that goes down hill be caught by the garden. Ms. Yancopoulos stated that this plan was discussed with Bruce Barber, Wetland Inspector. Ms. Mandelker read Chairman Egginton s comments into the record which included his concerns regarding additional storm water runoff from the impervious surface. Chairman Egginton s comments also stated that this is a Planning Board issue and that the applicant s architect should have an engineer review the loads and structural issues regarding the piers and wood girders supporting the addition. ZBA MINUTES 11/18/09 PAGE 196

11 Ms. Mandelker asked if anyone wished to be heard either in favor or opposed. No one responded. Mr. Casper moved that the application be approved as presented for the following reasons: That there will be no undesirable change in the character of the nearby property; That there is no practical alternative to the requested variance; That the area variance is relatively unsubstantial; That there will be no adverse environmental impact; That the difficulty is not self-created; The motion was seconded by Mr. Krellenstein; In favor: Mr. Casper, Mr. Price, Mr. Krellenstein and Ms. Mandelker. To Deny: None; Abstain: None; Absent: Chairman Egginton; THE APPLICATION IS APPROVED. III. PUBLIC HEARINGS CAL. NO SP York Diane and Kenneth Jacobson, 1208 Route 35, South Salem, New Application for a Special Permit pursuant to Article V, of the Zoning Ordinance in the matter of a proposed accessory apartment in an existing residence in an R-2A, Two Acre Residential District. The property is located on the north side of Route 35, designated on the Tax Map as Sheet 31, Block 10805, Lot 42 in an R-2A, Two-Acre Residential District. Ms. Mandelker asked if anyone objected to the notice as it appeared in the Lewisboro Ledger. No one responded. Mr. Les Simon, Esq. was present and accompanied by Mrs. Jacobsen at the November 18 th meeting. He stated that the applicant purchased the property 20 years ago and it had an illegal apartment in it. Mr. Simon stated that Ms. Jacobsen had received a notice of violation over the summer, was fined and her course of action was a little different as compared to Mrs. Broderick. He stated that she removed the kitchen and all the indications of the accessory apartment and is now making a formal application for an accessory apartment. Mr. Simon stated that it seems to meet all the requirements of the accessory apartment law. He stated that the house is an approved 4 bedroom house and they have never used 4 bedrooms and 1 of the bedrooms on the second floor has always been a den, so according to the Building Inspector it is a relocation of 1 bedroom. Mr. Simon stated that the septic system is working. Ms. Mandelker asked if the apartment is in the basement. Ms. Jacobsen stated that it is below grade level only on one side and at grade level on the other sides. Mr. Krellenstein asked if there is a separate entrance. Ms. Jacobsen responded yes. Mr. Krellenstein asked if the applicant was told to remove the kitchen or did they just do it on their own. ZBA MINUTES 11/18/09 PAGE 197

12 Ms. Jacobsen responded that she was told that she would be fined every week until it was removed. Mr. Krellenstein asked if the Building Inspector told her that. Mr. Simon responded yes. Ms. Jacobsen responded she paid $1000. Mr. Simon stated that she paid her one week fine and then she would be fined $1000/week. He stated that he recommended to her that she remove it and make formal application. Mr. Simon stated that she is a single mother and it provided affordable housing for one person in town. Ms. Mandelker asked if anyone wished to be heard either in favor or opposed. No one responded. Mr. Krellenstein asked if there were any comments from the neighbors. Mr. Simon stated that she spoke with the neighbors, Tommy Gossett and the other side is town property. Ms. Kim Paspuletti, 1195 Route 35 asked if it will lower the value of her home. Mr. Simon stated that typically it does not. He stated that it is a residential 2 acre district and it is a 9 acre parcel. Mr. Simon stated that there has been an apartment there for well over 25 years. Ms. Mandelker stated that the public hearing will remain open and a site walk will be conducted on the morning of Saturday, December 12 th THE PUBLIC HEARING IS HELD OPEN. CAL. NO BZ Steven Helmes, AIA, 184 Katonah Avenue, Katonah, New York [Owner of Record: Ted and Mary Dardani, 41 East Ridge Road, Waccabuc, New York 10597] [Property Location: 6 Post Office Road, Waccabuc, New York 10597] Application for [1] Article IV E and [2] Article III 220-9D(2) of the Zoning Ordinance in the matter of the proposed addition and alteration to an existing residence that will be closer to the side lot line (existing 22.4, proposed 22.9 where 40 is required) and to the rear lot line (existing 59.8, proposed 46 where 50 is required) and that will result in an increase in non-conformity other than use than permitted in an R-2A, Two Acre Residential District. The property is located on the south side of Post Office Road, designated on the Tax Map as Sheet 22, Block 10803, Lot 38 in an R-2A, Two Acre Residential District. Mr. Steven Helmes, AIA was present and accompanied by Mrs. Dardani at the November 18 th meeting. Mr. Helmes submitted a letter form Scott Gonge, dated 11/17/09 into the record. He stated that the property is located east of the Waccabuc Post Office. Mr. Helmes stated that they are seeking a side and rear yard variance and reviewed the site plan with the Board members. Mr. Helmes stated that they are sensitive to the Waccabuc area and they want to keep the house in scale ZBA MINUTES 11/18/09 PAGE 198

13 to the neighborhood. He stated that they would like to take down the attached garage and rebuild the 2 car garage and incorporate an open breezeway. Mr. Helmes stated that they would take the arbor down and build an addition in that location. He reviewed the elevations with the Board. Mr. Helmes stated that they would like to incorporate gable space and give it a nicer roofline. He stated that they are not working within any wetlands but are within the 150 buffer and the application has been referred to the Planning Board. Mr. Helmes stated that they received ACARC approval. He stated that they are not increasing the bedroom count and that they have already met with the Health Department. Mr. Krellenstein asked if it is for a 4 variance in the rear and the change on the side is 6 from the existing. Mr. Helmes responded yes. He stated that it is a 2 acre zone and the lot is 1 acre therefore it is a pre-existing non-conforming lot. Mr. Helmes stated that the house was built about 100 years ago and they are sensitive to the site work and want to blend it into the community. Ms. Mandelker asked if there have been any additional comments from the neighbors. Mr. Helmes responded no. Ms. Mandelker asked if anyone wished to be heard either in favor or opposed. No one responded. Ms. Mandelker stated that the public hearing will remain open and a site walk will be conducted on the morning of Saturday, December 12 th She requested that the area be staked out. THE PUBLIC HEARING IS HELD OPEN. CAL. NO BZ Akiko Fasolo, 40 Lakeview Pass, Katonah, New York Application for a variance of Article IV of the Zoning Ordinance in the matter of the proposed replacement of an existing deck that will be closer to the rear lot line (existing 24, proposed 21.1 where 30 is required) than permitted R-½A, One Half-Acre Residential District. The property is located on the south side of Lakeview Pass, designated on the Tax Map as Sheet 9C, Block 10792, Lots in a R-½A, One Half-Acre Residential District. Ms. Mandelker asked if anyone objected to the notice as it appeared in the Lewisboro Ledger. No one responded. Mr. Viktor Solarik, AIA was present and accompanied by Ms. Fasolo at the November 18 th meeting. He stated that he prepared the plans. Ms. Fasolo stated that she has lived in the house for 40 years and she has a very old 8 by 12 deck. She stated that she would like to extend the deck by 2 feet to 10 by 12. Ms. Fasolo stated that she has 3 neighbors and all three of the neighbors have approved her deck plan and signed the plans. Mr. Solarik stated that this is part of some upgrades that his client is doing to the house. He stated that there is an existing oil tank under the deck that will be removed and placed inside the building. Mr. Solarik stated that there is some rot to the house where the deck was attached to the ZBA MINUTES 11/18/09 PAGE 199

14 house. He stated that it is a combined effort to maintain the house and rebuild the deck and the 2 extension would give his client the ability to put a table outside. Mr. Solarik stated that you can not see it from any other area and the back of the property slopes up the hill to the other neighbors. He stated that the neighbors are basically overlooking his client s property. Mr. Solarik stated that the deck has been removed. He stated that they had to file for the oil tank removal and obviously the deck had to be removed. Mr. Solarik stated that Mr. Barrett was aware and the tank removal is scheduled for next week. Ms. Mandelker asked if anyone wished to be heard either in favor or opposed. No one responded. Ms. Mandelker stated that the public hearing will remain open and a site walk will be conducted on the morning of Saturday, December 12 th She requested that the area be staked out. THE PUBLIC HEARING IS HELD OPEN. IV. NEW BUSINESS/CORRESPONDENCE On motion by Ms. Mandelker, seconded by Mr. Casper the Board voted 4-0 to go into Executive Session. On motion by Ms. Mandelker, seconded by Mr. Krellenstein the Board voted 4-0 to come out of Executive Session. Mr. Casper stated that there were confidential items discussed in Executive Session and that they will take action as discussed. On motion by Mr. Casper, seconded by Mr. Price the Board voted 4-0 to adjourn the meeting. ZBA MINUTES 11/18/09 PAGE 200