You are hereZoning Board of Appeals -- October 26, 2009 (39 Hudson Avenue)
Zoning Board of Appeals -- October 26, 2009 (39 Hudson Avenue)
document:
REGULAR MEETING
ZONING BOARD OF APPEALS
Nyack Village Hall October 26, 2009
Nyack, New York
Present: Steven P. Knowlton, Chair In Memoriam:
Mary Ann Armano (absent) Raymond O’Connell
John Dunnigan
Robert Knoebel, Sr.
Ellyse Berg
The following resolution was offered by Member Knoebel, seconded by Member Berg, and carried based upon a review of the evidence presented at the public hearing held October 26, 2009 .
BOARD OF APPEALS
VILLAGE OF NYACK, COUNTY OF ROCKLAND
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In the Matter of the application of Victor Gagliaridi (39 Hudson Avenue) for an Area Variance from 59-33C to permit an increase in a pre-existing non-conformity (FAR) by adding additional floor area.
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The Zoning Board of Appeals held a public meeting on 26th of October, 2009, and due deliberations having been made this day;
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 area variance as noted above.
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 Victor Gagliardi for the Applicant
3. Site visits by all members of the ZBA
4. ZBA members knowledge of the site in question
5. Positive recommendation for both the variance from the Planning board
6. There was no public testimony.
THIRD: The site in questionis located in the M zoning district. The Applicant purchased the property in 2004 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: The applicants seek to add additional floor area with the addition of a small closet/vestibule area and by placing a deck over a pre-existing roof structure. The purpose of the new construction would be to add closet space to the existing living area.
SIXTH: The new construction is not visible from the street.
SEVENTH: The extension will match the existing dormer.
EIGHTH: Roof deck will add outdoor living space.
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 is 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. (3-1)
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:
1. Corrected bulk and lot table to be submitted to the Building Inspector.
On a roll call, the vote was as follows:
Ayes: 4
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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