You are hereZoning Board of Appeals -- May 27, 2009 (42 Main Street)
Zoning Board of Appeals -- May 27, 2009 (42 Main Street)
document:
REGULAR MEETING
ZONING BOARD OF APPEALS
Nyack Village Hall June 10, 2009
Nyack, New York
Present: Steven P. Knowlton, Chair In Memoriam:
Mary Ann Armano Raymond O’Connell
John Dunnigan
Robert Knoebel, Sr.
Ellyse Berg
The following resolution was offered by Member Armano, seconded by Member Knoebel, and carried based upon a review of the evidence presented at the public hearing held on May 27, 2009.
BOARD OF APPEALS
VILLAGE OF NYACK, COUNTY OF ROCKLAND
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In the Matter of the application of 42 Main Street ( Sage Management) for an Area Variance from VON Code Article VI, Section 59-30A to permit the expansion of a building without the required off street parking.
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The Zoning Board of Appeals held a public meeting on the 27th day of May 2009, and due deliberations having been made;
Now, upon said hearing and upon the evidence adduced thereat, it is hereby found and determined that:
FINDINGS OF FACT & CONCLUSIONS OF LAW
FIRST: Applicant petitions the Zoning Board for the variance noted above
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SECOND: The ZBA, in reaching its Findings of Fact and Conclusions of Law has taken the following factual testimony and evidence under consideration:
1. The application and supporting documents submitted;
2. Testimony of Dan Koplowitz, architect for the applicant;
3. ZBA members knowledge of the site in question, including site visits by all members of the ZBA;
THIRD: The site in questionis located in the RM zoning district. The Applicant purchased the property in 2009 pursuant to the local zoning regulations.
FOURTH: The Nyack Planning Board has issued a positive recommendation to this Board in relation to the variance request.
FIFTH: Applicant wishes to expand the current building in order to provide additional space for permitted uses. The expansion would add a second floor to increase the floor space to 10,000 sq. ft. The expansion would result in a shortfall of three parking spaces.
SIXTH: The Planning Board recommendation to this Board was generated as a result of an agreement to preserve certain landscaping features on the site. The Applicant attempted to comply with the zoning ordinance in relation to the siting of the parking, but in order to do so, significant landscaping would have been sacrificed. The plan as proposed is the one with the least amount of variances.
SEVENTH: A stated goal of the Comprehensive Master Plan is to advance business interests in the downtown, especially on lower Main Street and the feeder streets off Broadway.
CONCLUSIONS OF LAW:
The Zoning Board considered the factors set forth in Section 7-712-b of the Village Law of the State of New York as follows:
FIRST: That the proposed variance does not create an undesirable change in the neighborhood.
SECOND: That no detriment to nearby properties will result from granting the variance.
THIRD: That the Applicant has demonstrated that there are no other means by which it could achieve its purpose without the requested variance.
FOURTH: That the variance is not substantial in light of the current conditions on the site.
FIFTH: That the hardship is self-created.
The Board has weighed the findings of fact and the conclusions of law against one another as required under Section 7-712-b of the Village Law of the State of New York and finds in the interest of justice that the variance(s) applied for should be GRANTED with the following conditions:
The directives of the Planning and Architectural Review Boards be followed, and that the applicant submit a landscaping plan to the Building Department/Planning Board as part of the site plan approval process.
On a roll call, the vote was as follows:
Ayes: 5
Nays: 0
Abstain: 0
s/ Steven P. Knowlton
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STEVEN P. KNOWLTON, Chairman
Zoning Board of Appeals, Nyack.
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