ZONING BOARD OF APPEALS. Meeting Minutes January 17, 2017

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 January 17, 2017 The members present were: Chairman Cannistra, Mr. Carpaneto, Mr. Guyot, Mr. Harden, Mr. Santaroni, and Mr. Scorrano. Mr. Prince was absent. Building Inspector Efrem Citarella, the applicants and interested residents were also present. Chairman Cannistra opened the meeting at 7:30 p.m. with the Pledge of Allegiance. APPLICANTS: SONIA BORSARI BZ01/ An application for an Area Variance on the height of a property line fence, as well as a basketball court fence, located in an R-80 Residence District at 9 Cobbling Rock Drive, Katonah. The property is shown on the Town Tax Map as Section: 37.15, Block: 1, Lot: 9. RE: Section Schedule Sonia Borsari addressed the Board. She is seeking a 6 Area Variance on the height of netting fencing that is installed parallel to a 6 vinyl fence along one side of her property line, as well as 4 Area Variance on the height of the netting fencing around her basketball court to the right of her house. The netting is about 2 and the fencing was installed to prevent sports balls from going under and over the vinyl fence into the yard of 7 Cobbling Rock Drive. That of the basketball court was installed to prevent the basketballs from going out of the court area. Ms. Borsari has three very active sports playing boys ages 10, 12 and 14 years old. She wanted to give them areas to play in that would not result in constantly chasing balls or inconveniencing the neighbors. The neighbor at 11 Cobbling Rock Drive cannot see the basketball court from their house 1

2 and Ms. Borsari offered to plant shrubbery if it became an issue for them. There is a light facing toward the basketball court. Jill Schantz of 11 Cobbling Rock Drive addressed the Board. She lives on the basketball court side of the property. It is not visible from her house and she has no issues with it or the height of the netting fencing. Frances DeThomas of 7 Cobbling Rock Drive addressed the Board. She lives on the vinyl and netting fencing side of the property. In her opinion, the height of the netting fencing is aesthetically and visually an eyesore. Mrs. DeThomas was never given the option of shrubbery being planted if she had issues with the netting fencing. The 6 vinyl fence was installed first and then the 12 netting fencing. She would rather have an errant ball in her yard from time to time than to look at the netting. Mrs. DeThomas suggested that the netting fencing be removed and a natural barrier planted to prevent balls from going under and over the vinyl fence or to lower the netting fencing and plant shrubbery up against it as a way to camouflage it. A question came up as to whether or not there was even enough room between the fencing and the property line to plant shrubbery. Jill Heller of 2 Dr. Tony s Road addressed the Board. She feels that it is important for the Board to know that Ms. Borsari had the 6 vinyl fence installed because the neighbors at 7 Cobbling Rock Drive were complaining about balls going in their yard. When the complaints continued to go on, she then had the 12 netting fencing installed parallel to the 6 vinyl fence. Ms. Borsari told her sons they could no longer use the basketball hoop in the driveway and a basketball court was installed on the other side of the house to prevent further complaints. In her opinion Ms. Borsari has continuously been proactive in trying to resolve the issue to no avail. Ms. Borsari addressed the Board again. She has every intention of removing the basketball hoop from the driveway. There is also a hoop in the back yard by their trampoline. She is always fearful that a ball will accidentally go from that area into her neighbor s yard. Ms. Borsari wants her boys to be able to play in their own yard, so she thought the 12 netting fencing would resolve the issue. When her sons are too big to be playing in the yard, she has every intention of removing the fencing. She too is not overly fond of the way it looks, but doesn t know what else to do. Mrs. DeThomas addressed the Board again. She said in the last three years she only complained once about the balls and her husband twice. Mrs. Heller addressed the Board again. She said this issue has caused an emotional set of upset for Ms. Borsari and her sons are nervous to be playing in their own back yard. Chairman Cannistra reminded everyone that it is always the hope of the Board that when there are disagreements between neighbors that all involved will think objectively to come up with a solution that meet the needs of the parties effected. 2

3 All agreed that a site visit should be conducted to both 7 and 9 Cobbling Rock Drive before the next meeting. The application was adjourned to February 21, 2017 KAREN MERRITT BZ02/ An application for an Area Variance for a business sign, located in the Business Historic Preservation District at 366 Route 202, Somers. The property is shown on the Town Tax Map as Section: 17.11, Block: 2, Lot: 11. RE: Section Schedule 6-2 (E), 6-3 (B) and 6-4 (A) 4. Karen Merritt addressed the Board. She is seeking an Area Variance for a business sign. It is 1 high by 2 wide and will be one of three placards placed on a double posted street sign. It has her photograph to the left and reads The Merritt Agency with the phone number underneath in medium blue lettering to the right on a white background. The sign was denied by the Architectural Review Board at their December 15, 2016 meeting, as it is in the Business Historic Preservation District. The Board felt that a sign, with any type of photo portrait is not appropriate within the District. If the photograph is removed, this Board will approve the sign proposal. Ms. Merritt told the Board that her photograph has been her brand for the past 20 plus years and is on 99% of her marketing including her business card, internet banner, Facebook and a billboard in Brewster. She does not have a logo. In her opinion it makes her far more accountable to her customers. Frederic Peace, Chairman of the Somers Landmarks Committee addressed the Board. The proposed photograph of Ms. Merritt on the sign causes the Committee concern. They do not think it is appropriate in the Business Historic Preservation District (BHPD), and also think it would be a bad precedent. The thought of driving through the BHPD and seeing store owner faces on sign after sign would be strange. They also don t believe it is in keeping with the National Landmark designation that the BHPD holds. An ed was shared from Linda Horton of 6 Marshall Court. She is not in favor of any variances to the Business Historic Preservation District signage. The BHPD should be preserved with tasteful signs, not personal portraits. Abigail Merritt of 51 Driftwood Drive addressed the Board. She thinks her mother s photo on the sign is personable and warming. Ms. Merritt readdressed the Board. She feels as though her application meets all the requirements needed for an Area Variance and her attorney who couldn t be present this evening is willing to provide additional support. Mr. Santaroni doesn t want to start a precedent in the Business Historic Preservation District. 3

4 Mr. Scorrano totally understands the concept of branding, but feels the Business Historic Preservation is not the appropriate place for a sign with a photograph. Mr. Guyot said he had his own business in Somers for many years. His name and service provided was his branding. Personally, he feels that a photograph on a sign in the Business Historic Preservation District is inappropriate and will take away from the historical value. Chairman Cannistra said this is a sensitive area in Town and he holds the opinion of the Architectural Review Board in high regard. Mr. Santaroni made a motion for a Type II action. Mr. Guyot seconded the motion. A vote was then taken by the Board as follows POLL OF THE BOARD Mr. Carpaneto Mr. Guyot Mr. Harden Mr. Santaroni Mr. Scorrano Chairman Cannistra Mr. Guyot made a motion to deny the Area Variance for a business sign with a photograph. Mr. Santaroni seconded the motion. A vote was then taken by the Board as follows POLL OF THE BOARD Mr. Carpaneto Mr. Guyot Mr. Harden Mr. Santaroni Mr. Scorrano Chairman Cannistra The Area Variance was denied. OTHER BUSINESS: A motion was made by the Chairman to approve the minutes of the December 20, 2016 meeting. All were in favor. 4

5 The next monthly meeting of the Zoning Board of Appeals is scheduled to be held on February 21, 2017 at 7:30 p.m. There being no further business, the meeting was adjourned at 8:55 p.m. Respectfully submitted, Denise Schirmer, Secretary Zoning Board of Appeals cc: Town Board Town Clerk Planning and Engineering Planning Board 5