1 25 9 https://sleepyhollow.localarchives.org/files/original/37d1fada41c6fb011cf84ae59f01179a.pdf 948f2a158fd018fc5eba69c2bc6a8721 PDF Text Text Village  of  Sleepy  Hollow   Zoning  Board  Meeting  -­‐  Approved   January  16,  2013     Peter  Koffler,  Chairman,  called  the  meeting  to  order  at  8:26pm.    The  Chair  noted  that  a   quorum  was  present.     Present:     Peter  Koffler,  Chairman         Timothy  Judge         Maria  Gorete-­‐Crowe         Linda  Moiron     Absent:     Tom  Capossela         Michael  Wernick         Sherry  Bishko     Also  Present:     Sean  McCarthy  (Village  of  Sleepy  Hollow/Building  Department)   Janet  Gandolfo  (Village  Attorney)         Mary  Gerlanc    (Recording  Secretary)       Agenda:     1)  Salvation  Army   90  Valley  Street                                                        Resolution   2)  Rafael  Mota   188  Cortlandt  Street                    Public  Hearing   3)  Approval  of  Minutes                                                                                                                                        December  19,  2012           Announcements  -­‐     There  were  no  announcements.         1)  Salvation  Army   90  Valley  Street                                                                           Resolution                 William  Null,  attorney  from  Cuddy  &  Feder  represented  this  application.     The  Chair  stated  that  this  application  was  approved  subject  to  conditions,  which  were  in  a   resolution  drafted  by  the  Village  Attorney.     The  Chair  read  the  resolution  into  the  record.     The  Chair  stated  in  last  month’s  meeting  the  Board  has  discussed  a  condition  that  whatever   Tarrytown  approved  for  the  Salvation  Army  did  not  conflict  with  the  Village  of  Sleepy   Hollow’s  approval  of  this  application.  He  stated  this  was  not  necessary  as  a  condition  for   the  Salvation  Army  resolution.   �   Discussion  ensued  regarding  the  Salvation  Army  notifying  the  Village  if  they  anticipated   having  an  event  for  over  100  people,  which  was  mentioned  at  last  month’s  meeting.       Mr.  Null  stated  his  draft  of  the  resolution  said  the  Salvation  Army  must  implement  on-­‐site   attendant  parking  for  events  with  over  100  people.   The  Chair  stated  he  was  comfortable  with  that  condition.     The  Chair  made  a  motion  to  approve  the  resolution  as  drafted  subject  to  changing  a  typo.   Timothy  Judge  seconded  the  motion.   The  Board  voted  in  favor  to  approve.   Tom  Capossela,  Sherry  Bishko  and  Michael  Wernick  were  absent.           2)  Rafael  Mota   188  Cortlandt  Street                      Continued  Public  Hearing     This  was  a  continuation  from  a  previous  meeting.   Jaime  Hernandez,  architect  for  this  project,  and  Rafael  Mota,  the  building  owner,   represented  this  application.     Mr.  Hernandez  dispersed  revised  plans  to  the  Board.    He  stated  the  applicant  had  reduced   the  number  of  seats  from  33  to  24.  He  stated  the  reduction  in  seating  required  the   applicant  to  provide  8  parking  spaces  and  they  would  need  a  variance  because  they  are   providing  four  spaces  in  the  garage  owned  by  the  applicant  and  located  on  Chestnut  Street.     Linda  Moiron  asked  if  this  was  valet  parking  or  self-­‐parking.    Mr.  Hernandez  stated  it  was   valet  parking.     The  Chair  asked  Sean  McCarthy  if  the  8  parking  spaces  take  into  account  employee  parking   needs.    Mr.  McCarthy  stated  that  the  parking  requirement  was  based  on  the  number  of   seats  in  the  restaurant.       Discussion  ensued  regarding  valet  parking.    Linda  Moiron  asked  how  many  employees   would  be  working  in  the  restaurant  and  who  would  be  available  to  park  cars.    The  applicant   stated  there  would  be  three  or  four  people.     Timothy  Judge  asked  Sean  McCarthy  to  confirm  how  many  parking  spaces  are  required.     Sean  McCarthy  stated  the  applicant  needed  to  provide  one  parking  space  for  every  five   seats  in  the  restaurant.     The  Chair  asked  Sean  McCarthy  if  it  was  possible  to  give  a  variance  to  a  site  with  parking   that  was  not  adjacent  to  the  proposed  locations.   Mr.  McCarthy  stated  the  Board  could  impose  conditions  on  the  variance  and  as  the  use   changes  so  could  the  variance.       Zoning  Board  Meeting,  January  16,  2013  -­‐  APPROVED   2   �Linda  Moiron  asked  the  applicant  how  the  valet  parking  would  work  given  the  location  of   the  parking  spaces  to  the  restaurant  location.    Mr.  Hernandez  stated  Mr.  Mota  would  have  a   plan  for  valet  parking  but  that  most  of  his  clientele  does  not  drive  to  the  location.   Discussion  ensued  regarding  how  patrons  would  know  that  valet  parking  was  available.     The  Chair  stated  he  did  not  feel  the  restaurant  would  have  an  adverse  effect  on  the   neighborhood  because  the  restaurant  is  a  local  place  and  most  of  the  patrons  walk  there.     He  also  stated  this  view  is  based  on  the  applicant  operating  this  restaurant  in  the  way  they   anticipate  it  at  this  time.    If  it  becomes  a  different  restaurant  in  the  future,  the  Board  would   want  to  reexamine  the  variance.         Maria  Gorete-­‐Crowe  stated  if  there  were  an  increase  in  traffic  due  to  this  restaurant  then   the  Village  would  have  to  reevaluate  the  variance.    The  Chair  stated  that  the  Board  would   have  the  objective  to  reevaluate  in  six  months  or  a  year  and  see  if  the  conditions  imposed   are  working.     Sean  McCarthy  asked  if  the  Board  would  be  inclined  to  approve  the  application  with  fewer   seats  and  have  the  applicant  return  in  a  year  and  increase  the  seating  if  everything  is   operating  smoothly.    The  Chair  stated  the  number  of  seats  in  the  restaurant  does  not   bother  him  because  it  doesn’t  change  the  fact  of  how  many  people  are  walking  or  not   walking  to  the  restaurant.     Discussion  ensued  regarding  a  Valet  Parking  sign.   Sean  McCarthy  stated  that  the  applicant  would  have  to  go  before  the  Architectural  Review   Board  for  any  new  signage  including  a  Valet  parking  sign.     The  Chair  stated  he  would  make  a  motion  to  approve  on  the  following  conditions:     The  variance  would  be  granted  so  long  as  the  establishment  is  owned  and  operated  by  the   applicant  as  La  Taguara  Restaurant.    The  variance  would  not  be  transferable  to  any  future   owner(s).     The  variance  is  subject  to  ratification  at  the  end  of  one  year  following  the  issuance  of  the   certificate  of  occupancy.     The  garage  has  to  be  available  for  employee  parking.     Discussion  ensued  regarding  use  of  the  garage  and  how  many  parking  spaces  it  would   provide  and  also  the  difficulty  in  parking  vehicles  based  on  the  structure  and  doors  on  the   garage.     Linda  Moiron  asked  if  the  Chair  would  make  it  mandatory  for  the  applicant  to  return  at  the   end  of  the  year  for  re-­‐evaluation.    Discussion  ensued  regarding  the  timing  for  that   reevaluation.       Zoning  Board  Meeting,  January  16,  2013  -­‐  APPROVED   3   �Sean  McCarthy  stated  the  Police  Department  had  requested  the  Board  consider  imposing   time  limits  on  the  restaurant’s  hours  of  operations.    He  asked  if  they  wanted  to  make  that  a   condition  of  the  variance.     Linda  Moiron  asked  the  applicant’s  hours  of  operation.    The  Chair  asked  if  the  space  had  a   liquor  license.    Sean  McCarthy  stated  the  applicant  did  have  a  liquor  license  for  this  space.   Timothy  Judge  stated  the  Board  should  be  notified  if  there  were  repeated  violations  to  the   State  liquor  authority  laws  or  any  complaints  during  the  year  evaluation  period  and  that   should  also  be  a  condition  of  approval.     Mr.  Hernandez  stated  the  applicant  wanted  the  hours  to  be  11am  –  11pm,  7  days  a  week.     Discussion  ensued  regarding  the  hours  of  operation.     The  Board  decided  that  the  hours  of  operation  would  be:   Sunday  through  Thursday    -­‐  11:00am  to  11:00pm  with  the  doors  closed  at  11:00pm.   Friday  and  Saturday    -­‐  11:00am  to  midnight  with  the  doors  closed  at  midnight.     Sean  McCarthy  asked  that  there  be  no  loading  on  Cortlandt  Street.    The  loading  would  have   to  take  place  in  the  driveway  on  Chestnut  Street.    The  Board  agreed.     The  Chair  made  a  motion  to  approve  based  on  the  conditions  discussed.   Linda  Moiron  seconded  the  motion.   The  Board  voted  in  favor.   Tom  Capossela,  Sherry  Bishko  and  Michael  Wernick  were  absent.         3)  Approval  of  Minutes                                                                                                                                        December  19,  2012     The  Board  reviewed  the  minutes.   The  Chair  made  a  motion  to  approve  the  minutes  as  amended.   Linda  Moiron  seconded  the  motion.   Tom  Capossela,  Sherry  Bishko  and  Michael  Wernick  were  absent.         The  Chair  made  a  motion  to  adjourn  the  meeting.    Linda  Moiron  seconded  the  motion.   The  meeting  was  adjourned  at  9:13pm.                 Zoning  Board  Meeting,  January  16,  2013  -­‐  APPROVED   4   � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-01-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/956116b317f39ac984489f46aeea945f.pdf 78e4519a21cfa90c646e89ddba04c3e3 PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED February 27, 2 0 1 3 Peter Koffler, Chairman, called the meeting to order at 8:10pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Timothy Judge Maria Gorete-Crowe Linda Moiron Sherry Bishko Michael Wernick Absent: Tom Capossela Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Vince Ferrandino (Ferrandino & Associates/Traffic Consultant) Stephan A. Maffia (Ferrandino & Associates/Traffic Consultant) Mary Gerlanc (Recording Secretary) Agenda: 1)Open Door Family Medical Center 2)Open Door Family Medical Center 3)Antonio Rodrigues 4)Approval of Minutes Announcements - 1 New Broadway Continued Application 1 New Broadway Public Hearing 3 3 2 - 3 4 0 No. Broadway Public Hearing January 16, 2 0 1 3 There were no announcements. 1) Open Door Family Medical Center 1 New Broadway Continued Application The Chair stated the Board had received the following additional submissions: • A letter dated Feb. 25, 2013 from Hockerman, Tortorella & Wekstein to the Mayor and the Board of Trustees. • A parking study from Ferrandino & Associates dated February 26, 2013, analyzing the prior Adler traffic study. �The Chair asked the representatives from Ferrandino & Assoc. to discuss the traffic analysis. Vince Ferrandino, Principal of Ferrandino & Associates stated his company had been retained by the Village to review the parking and traffic aspects of the application. He introduced Steve Maffia, an associate at Ferrandino & Associates who conducted the analysis and the study. Steve Maffia stated they has met with Village representatives in early February regarding concerns the Zoning Board and the Board of Trustees had with certain issues regarding the Open Door application. Mr. Maffia stated he met with Michael O'Rourke from Adler Consulting on February 19, 2013. On February 20, 2013 Mr. Maffia conducted a site visit and drove the streets and parking areas surrounding the site of the Open Door's proposed application at 1 New Broadway. He checked the way the signal operated, the level of pedestrians in the area and the parking. The memo they produced dated February 26, 2013 was the result of the meeting and the site visit. Mr. Maffia stated they developed four important issues in terms of the Zoning Board's concerns: 1. Travel mode survey that was conducted by Adler Consulting and Arconics. 2. Parking in areas surrounding the site. 3. Site circulation in the parking area. 4. Safety issues involved with crossing from the west side of No. Broadway to the east side to the proposed Open Door location. Patient/Staff Travel Survey: Mr. Maffia stated the Arconics survey conducted in 2011 indicated that the number of people who walked to the Open Door facility was about 50% of all the trips that were made. The Adler study conducted on two separate occasions, indicated that the percentage of people who walked to the site was around 70%, which is a significant difference. Mr. Maffia reviewed Adler's survey forms and confirmed that if one were going by the numbers relative to the questions asked in the Adler survey, then 70% was about the correct number of people who walked to the site. Mr. Maffia felt these numbers were the result of a survey area that was concentrated within neighborhoods to the west of North Broadway, close to the current location, to result in that many walking trips. Mr. Maffia stated the issue was whether that percentage can be applied to the new service area. If the service area is expanded and patients are coming from further distances, then it is not likely there would be that many walking trips. The patients would arrive by some other form of transportation. Mr. Maffia stated this was important since it would affect key items of the application. It would affect parking and circulation within the parking lot, which would affect issues with cars trying to turn in a small parking area and in turn affect the cars waiting on Broadway. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �Parking Area Surrounding the Site or Parking Supply Area: Mr. Maffia stated the Adler study used a quarter mile radius with the 1 New Broadway site to figure their parking supply area. Ferrandino & Assoc. felt that the more accurate representation was 1200 feet, which would be the maximum walking distance most people would be comfortable walking. They also felt the distance should be measured in streets, not in a radius surrounding a center point. Mr. Maffia included aerial photos in their report showing those distances. Within those distances they identified 184 parking spaces, which included spaces available in the municipal lot on Beekman Avenue. Mr. Maffia then used the occupancy numbers from Adler's November 2011 study and compared that to the total number of parking spaces in the PSA (Parking Supply Area). The results were 60-70 parking spaces available during the day, however the number dropped significantly in the late afternoon to around 25 or less spaces. They felt that if the service area were expanded, then 25 or less spaces might not be enough to satisfy the parking demand of the new site. They would like the applicant to provide some information on the expanded service area and to comment on whether they believe the parking on the street is what they believe it was initially. Site Circulation: If all parking spaces in the lot are full, this could result in spill back onto North Broadway and that could affect traffic flow on Broadway and certain safety issues that would arise from that. Safety: Mr. Maffia stated that Adler Consulting did put together extensive research regarding accidents around the area of the proposed site and found that while there was a typical share of accidents, there were no pedestrian accidents. He also stated there was no way to predict future pedestrian traffic accidents. Mr. Maffia felt that crossing North Broadway was under the protection of the traffic signal. The only traffic that might affect someone crossing North Broadway were vehicles turning right from New Broadway and that volume is low. Another issue was the shuttle service and the use of parking spaces at the Phelps Hospital Parking Garage. Mr. Maffia observed parking usage at the garage on Feb. 20, 2013 in the late afternoon and found there were over 100 parking spaces available on the lower levels. He also noticed that part of the 4 th level and all of the 5 th level parking was roped off and completely empty. Mr. Maffia stated they don't know if Phelps has any plans for those parking spaces and if that might impact future parking for the Open Door Shuttle Service. They would like the applicant to provide information as to their agreement with Phelps Hospital regarding the parking situation there. Mr. Maffia stated another concern was the offer by Open Door for a crossing guard at the North Broadway crosswalk and the issue of the shuttle service using the Beekman Avenue parking lot as a staging area for this end of the trip. The crossing guard would have to be a joint effort between the Village and Open Door. A crossing guard is considered by the NYSDOT to be a traffic control device because they have the ability to control vehicular traffic and it would help if the request made to the Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �NYSDOT came from the local municipality rather than a private entity. The Village would employ the crossing guard but Open Door has stated they would defray the costs. Mr. Maffia stated there was space at the back of the municipal lot near the police parking lot where a shuttle bus could stand and release passengers. It would not block other vehicles from passing or block entrance to the police parking lot or the private lot located in the rear of the municipal lot. The Village would have to verify all this with Open Door. Mr. Maffia asked if there were any comments or questions from the Board. Sherry Bishko asked if they could comment on spillback on Route 9 during peak hours. Steve Maffia stated this was a potential for spillback to occur and under peak conditions could occur fairly rapidly. He stated there could be a condition that only certain vehicles could be allowed to park in that lot, however that could create issues with the offsite parking supply. Maria Gorete-Crowe asked why Ferrandino & Associates would recommend using the municipal lot for the shuttle bus staging area. Janet Gandolfo stated the applicant had made a request to the Board of Trustees for three items and one was to use the municipal lot for the shuttle drop off and pick up instead of the lot at the proposed site. She stated that Ferrandino & Associates were only responding to the applicant's request. The Chair observed that each of these factors mentioned in all the traffic studies are all being looked at as stand-alone issues but not as a cumulative effect. He felt the variables affect each other and are not necessarily stand alone issues. Mr. Maffia stated this was a standard approach to traffic studies but the idea has merit. The Chair invited the applicant to present any additional information or responses. Geraldine Tortorella of Hockstein, Tortorella & Wekstein, co-counsel for the applicant, stated they were not prepared to comment on the traffic analysis because they had requested the variance application be put on March's agenda and did not know it would be on February's agenda. She stated that some of the items discussed had already been identified previously and they would be submitting responses to those questions as well additional items that were raised at tonight's meeting. Their intention is to prepare a written submission to the Board in advance of the March meeting. The Chair asked Sean McCarthy if the applicant had responded to his previous letter in December with itemized requests for information. Mr. McCarthy stated that some of those items were still outstanding. Ms. Tortorella stated the December meeting offered further clarification of those items and the information that was requested and one of the big pieces was the zoning compliance analysis on the Phelps site with respect to parking. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �The Chair asked if there were any questions for the applicant. There were none. The Chair asked for a motion to adjourn this application until next month. Michael Wernick seconded the motion. The Board voted in favor. Tom Capossela was absent. 2) Open Door Family Medical Center 1 New Broadway Public Hearing The Chair asked Sean McCarthy if the returns were in on this public hearing. Mr. McCarthy agreed. The Chair read the public notice for the record. The Chair stated he had the public notice and a letter dated January 15, 2013 from Hockerman, Tortorella & Wekstein and a second letter dated January 15, 2013 also from Hockerman, Tortorella & Wekstein. Geraldine Tortorella of Hockerman, Tortorella & Wekstein, Kyle McGovern of Lyons McGovern, Gary Gianfrancesco, of Arconics Architecture, Bernie Adler, Adler Consulting, Lindsay Farrell, CEO of Open Door were present on behalf of Open Door. Ms. Tortorella stated that Open Door has a mobile dental clinic used to provide dental services to communities other than Sleepy Hollow. They provided photographs of the mobile dental clinic. The dental clinic van has water service to it, which necessitates parking it in an enclosed area where the temperature won't get too low and the pipes won't freeze. Currently the dental clinic van is parked at a rental space in Mt. Kisco, NY and is taken out on a daily basis. They are requesting to park the mobile van in the enclosed garage space underneath the building at 1 New Broadway. This is for parking purposes only. They are seeking a 12-month temporary use authorization permit that is allowed under the code. Ms. Tortorella stated the mobile van had been parked in that garage space previously. When it was brought to Open Door's attention that it was not permitted, it was removed from that location. They recently realized they could request a temporary use authorization in order to park it at that location again. Ms. Tortorella stated that the van driver would arrive at the location approximately 8:00am, park his personal vehicle at the site, retrieve the van and leave the building. He would return around 6:00pm, park the van underneath the building and retrieve his vehicle. This would occur five days a week. There are no plans to use it on the weekends. She stated if the other variances are granted, then this use would be discontinued. The Chair stated that the van looks sizeable from the photographs. He asked if the parking area is sufficient for the van to pull in and back into the garage. Ms. Tortorella stated there was sufficient room. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �The Chair stated that this request was purely for the parking storage of the vehicle at this location and not for the operation of the dental clinic. Ms. Tortorello agreed that it was for parking only so they don't have to pay rent at another location. The Chair stated there currently is a chain across the parking lot and asked if that lot would be open during the day once the mobile dental van is removed from the garage. Ms. Tortorello stated that the chain was placed there to prevent adjoining uses from parking their vehicles in the lot, but the applicant was flexible about whether the chain should be put back once the driver removes the mobile van. The van would have to remain on the street while the chain is reattached, however Ms. Tortorella stated there are comparably sized trucks that make deliveries on that same road all the time. Timothy Judge commented that the van would be on Broadway at 8:00am, which is peak time on that street. Geraldine Tortorella suggested having someone from Open Door remove and/or reattach the chain so the mobile van driver would not have to leave any vehicles on the street during that procedure. Linda Morion asked Sean McCarthy why the van was not allowed to park there before. Mr. McCarthy stated that this is a use that was not previously approved. The Chair made a motion to open the public hearing. Linda Moiron seconded the motion. PUBLIC HEARING ROSEMARIE McMANUS of 31 New Broadway asked why the public could not ask questions during the traffic study portion of the meeting. Janet Gandolfo stated that the traffic study was for presentation purposes only, however the public could ask questions but they would not be answered until the next meeting. Ms. McManus stated that the traffic study did not take into account alternate side of the street parking when they calculated the number of parking spaces available. EDNA ROBINSON of 65 New Broadway reminded the Board that when congestion happens on North Broadway, people will try to avoid the light and there will be more traffic on Pine Street, Gordon Avenue and into the Webber Park area. DON CAETANO from 43 Lawrence Avenue stated that the traffic study was not accurate. He would like to see counters on the state road and the crosswalk for the traffic study. He also stated there is a problem with parking on Lawrence Avenue now. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �MARIO BELANICH stated there was an ordinance in the Village that the shuttle parking has to be 200-250 feet from the place of business. Phelps Memorial Hospital is more than 200250 feet away and he feels that is illegal. Mr. Belanich also stated New Broadway had a problem with parking when Tappan Motors was at the open Door location. He asked how long the special permit would last for the mobile dental van. Then Chair replied the term would be a maximum of 12 months. ED OLIVEIRA of 117 Van Tassel Avenue gave the Board a petition signed by 220 residents of Webber Park who would be affected by the parking and traffic situations if the Open Door application were granted. He stated those residents are asking for good representation from the Board because they would be the most impacted by the decision. MICHAEL KAMPEN of 12 Gory Brook Road stated the traffic study never mentioned how emergency snow removal on certain streets in Webber Park affects the parking. He also stated the study made conclusions from a six-hour video and disregarded testimony from resident that have lived in the area for many years and experienced near accidents. Also any traffic study regarding accidents should take into account the fact the property at 1 New Broadway was vacant for many years. He also stated there does not seem to be an issue with the mobile dental van parking at that location as long as this would not influence the original parking variance application. DON CAETANO stated that the parking lot at 1 New Broadway should not have been constructed in that space space because it doesn't have the correct size opening as required by New York State code. The Chair made a motion to close the public hearing. Linda Moiron seconded the motion. The Board voted in favor, Tom Capossela was absent. The Chair stated he was prepared to make a motion to approve providing the following; • One vehicle is parked inside the garage • It departs and enters once a day from the premises • The lot must be closed off during the day by some means (e.g. chain) The Chair made a motion to approve. Linda Moiron seconded the motion The Board voted in favor. Tom Capossela was absent. Janet Gandolfo asked if the Chair would like her to write a formal findings of fact and motion for the Board's approval at the next meeting. The Chair agreed. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �3) Antonio Rodrigues 3 3 2 - 3 4 0 No. Broadway Public Hearing The Chair read the public notice into the record. The Chair confirmed with Sean McCarthy that the returns were in. The Chair stated the Board had received the following documents: the public notice, the application, a short form assessment form, architectural drawings received Dec. 14, 2012 and a letter dated Feb. 27, 2013 from the Law Offices of Zak Shusterman. William Simeoforides, architect, submitted color drawings to the Board and gave an overview of the second story addition to the property. The addition would contain selfstorage units. The addition is about 8,000sq. feet. On the first floor they will convert an annex into the entrance for the second floor. They will be enclosing a loading area to be shared by Mr. Rodrigues cabinet business as well as for the storage facility on the second floor. Mr. Simeoforides stated the variance requested is for the height of the door in the loading dock area. Currently the height is 11 feet and the zoning code requires 14 feet. There will be an open stair and an elevator to the second floor and a place for a full time employee to check in people accessing the storage area. The parking area is in an existing lot across the street, which will be repaved and have new lighting and plantings. The garbage will be relocated and there will be the addition of a handicapped parking space. Mr. Simeoforides stated that another company would lay out the storage space. The building is currently painted brick. The second story will be stucco with a grid pattern. Timothy Judge asked for clarification of the elevations on the drawings provided by Mr. Simeoforides. He asked about the increase in height of the building from the existing condition to what was proposed. Mr. Simeoforides stated the building was approximately 20 feet plus or minus to the top of the existing parapet at the east end of the building (the corner of Broadway and Gordon Ave.) and another 14 feet would be added to that. Michael Wernick asked the applicant to describe the use for the addition. Mr. Simeoforides stated it was a long-term storage facility. Mr. Wernick asked if there was office space on the second floor. Mr. Simeoforides stated there would not be office space on that level. Mr. Wernick asked if this space was storage for items already being stored by the business below. Mr. Simeoforides stated it was a separate business. Mr. Wernick asked how many storage units would be on that floor. Mr. Simeoforides stated he did a generic layout and estimated 39 units. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �Mr. Wernick stated the applicant is reducing the parking by one space but increasing the traffic flow by 39 units and his concern is the parking in the area. Discussion ensued regarding the flow of traffic to the storage unit. Michael Wernick asked about the hours of operation. Mr. Simeoforides stated the hours could potentially be 8:00am to 6:00pm, six days a week. This has not been determined yet. Timothy Judge asked how individuals would access their storage. Would it be by an access code or lock and would they have access 24/7. Michael Wernick also stated he would like more information about the operation of the business, the hours of operation, the traffic and the parking. Timothy Judge asked Sean McCarthy what would determine the number of parking spaces required for a storage unit. Sean McCarthy stated it was determined by square footage and the addition was considered a warehouse type usage. He also stated the architect did a chart that broke down the parking by what each use within the building is required to have. The parking requirement for the entire building with the addition is 15 spaces and currently they have 12 spaces. Discussion ensued regarding parking spaces for the building now and with the proposed addition. Sean McCarthy stated the parking space that is being removed is for the purpose of creating a handicapped parking space and that need is triggered by the amount of construction proposed according to NYS code. Sherry Bishko stated that the use for this space has been characterized at storage space/warehouse but it seemed to be a more commercial use. Sean McCarthy stated Village Code does not specify this type of use in that detail. Janet Gandolfo stated the Zoning Board can consider this application as another use. The Zoning Board is not limited to Mr. McCarthy's interpretation of the Village Code. The Chair made a motion to open the public hearing. Linda Moiron seconded the motion. The Board voted in favor. Tom Capossela was absent. PUBLIC HEARING ROSEMARIE McMANUS asked if the parking space across from the Cabinetry shop is also used for the Animal Hospital. William Simeoforides stated that the parking lot across Katrina is only used for the Cabinetry business and the Animal Hospital. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �DON CAETANO of 43 Lawrence Avenue stated that the building was previously a hardware store and was never zoned for manufacturing or approved for the cabinetry business. He also stated the applicant does not meet the minimum requirements for the Village Code in several areas as stated in the public notice and he feels the Zoning Board should take that into account. MARIO BELANICH asked if this was a place to store furniture and other things and pay by month. The Chair asked is there were any other comments. There were none. The Chair made a motion to close the public hearing. Timothy Judge seconded the motion. The Board voted in favor. Tom Capossela was absent. The Chair asked if there were other questions from the Board. Maria Gorete-Crowe asked about the loading dock area. Mr. Simeoforides stated they were enclosing the area to separate the cabinet shop from the storage area. Timothy Judge asked if there was sufficient room to back a van into the loading dock. There was discussion regarding the distance from the curb cut to the loading space and the size of the loading space. Mr. Simeoforides stated it was the height that required a variance. The length and width of the space were within code requirements. Maria Gorete-Crowe asked where other trucks or cars would park if the loading space was full. Mr. Simeoforides stated they could pull up to the sidewalk on Gordon Ave. and wait for their turn in the loading area or wait in the parking lot. Linda Moiron asked how many parking spaces in the lot, are taken up by the employees of Antonio Cabinetry and the Animal Hospital. Mr. Rodrigues stated he has two employees who drive but he does not know how many employees of the Animal Hospital drive and park in the lot. The Chair asked if there was any thought to set back the second floor. Mr. Simeoforides stated that the entrance won't work if they set it back on Katrina. It might work on the Broadway and Gordon side. Mr. Wernick stated he would like to see information about the operation of the business, the hours of the business, the number of storage units, the anticipated traffic. The Chair stated he is prepared to make a motion on the application based on what he has heard. He stated he is troubled by the impact of this enormous building on Route 9 and it's Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 �adverse impact on the neighborhood. He stated that the site was already overbuilt and that the requested variance was substantial and self-created. The Chair made a motion to deny the application. Michael Wernick seconded the motion. The Board voted in favor. Tom Capossela was absent. Janet Gandolfo stated she would write up a formal resolution with the findings of fact for the next meeting. 4)Approval of Minutes January 16, 2 0 1 3 The Chair made a motion to approve the minutes as amended. Sherry Bishko seconded the motion. The Board voted in favor. Tom Capossela was absent. The Chair made a motion to adjourn the meeting. Timothy Judge seconded the motion. The Board voted in favor. Tom Capossela was absent. The meeting was adjourned at 10:10pm. Planning Board Meeting, February 21, 2 0 1 3 -APPROVED 2 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-02-27 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/5c1c4ab5ac0e456884ee0e96c67e4b6f.pdf c8ebfe4a9cae0b593b7ede420e80b99b PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED March 2 0 , 2 0 1 3 Peter Koffler, Chairman, called the meeting to order at 8;10pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Timothy Judge Maria Gorete-Crowe Linda Moiron Michael Wernick Absent: Tom Capossela Sherry Bishko Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Vince Ferrandino (Ferrandino & Associates/Traffic Consultant) Stephan A. Maffia (Ferrandino & Associates/Traffic Consultant) Mary Gerlanc (Recording Secretary) Agenda: 1) Open Door Family Medical Center 2) Approval of Minutes 1 New Broadway Continued Application February 2 7 , 2 0 1 3 Announcements - The Chair stated the public hearing for the Open Door Family Medical Center would be closed at the end of the March meeting. There would also be a one-week period for any submissions from the public or the applicant. He stated it is the intention of the Zoning Board to reach a conclusion on this matter at next month's meeting. 1) Open Door Family Medical Center 1 New Broadway Continued Application The Chair stated the Board had received the following submissions: • Memorandum dated March 20, 2013 from Janet Gandolfo to the Board • • • Memorandum dated March 20, 2013 from Vince Ferrandino to the Board Memorandum received March 6, 2013 from Vince Ferrandino to the Board Letter with attachments dated March 15, 2013 from Hockerman, Tortorella & Wekstein to the Zoning Board of Appeals �Janet Gandolfo asked Ms. Tortorella to acknowledge receiving materials from the Village. Geraldine Tortorella of Hockerman, Tortorella and Wekstein stated she had received the materials. Ms. Tortorella, along with Kyle McGovern of Lyons McGovern, Michael O'Rourke, special engineer from Adler Consulting, Gary Gianfrancesco of Arconics Architecture and Lindsay Farrell and Anita Willenkin from Open Door were present on behalf of the application. Ms. Tortorella introduced Mr. O'Rourke to address the traffic and circulation issues. Michael O'Rourke, senior consultant for Adler Consulting stated that Route 9 was 40 feet across - 20-feet in the northbound direction and 20-feet in the southbound direction. which is more than enough to accommodate two vehicles side by side at any time. He stated there is enough room for a vehicle to continue northbound around another vehicle waiting to enter the Open Door parking lot. Mr. O'Rourke addressed the concern that if all the parking spaces and the loading zone were occupied, then what would happen if an ambulance needed to come to the facility. He stated the ambulance attendant could stop traffic since it is an emergency vehicle and then back into the parking lot to pick up the patient. He noted records indicated there was an average of five ambulance calls per year according to Open Door. Mr. O'Rourke stated that Adler Consulting completed a traffic study for Saturday conditions at the proposed locations in September 2012. The data indicated the Saturday peak hour was between noon and 1:00pm, which coincides with what is considered the "shopping peak hour". They found that the maximum increase in vehicle delay at any one of the intersections would be 1.4 seconds. Mr. O'Rourke stated their analysis showed there would be approximately 80 on-street parking spaces available in the vicinity between noon and 1:00pm. On a typical weekday morning there would be an average of 103 parking spaces available and an average of 98 spaces avail in the afternoon. Michael Wernick asked if the weekday parking analysis included alternate side of the street parking. Mr. O'Rourke confirmed that their documentation of July 2012 included alternate side of the street parking. The Chair asked if these spaces were all in the 1200-foot vicinity of the proposed location. Michel O'Rourke stated Adler Consulting used the quarter mile radius for their study while Ferrandino & Associates used 1200 feet. He felt the difference was negligible - it was a difference of 100 feet or less than 30 seconds walking time. Regarding the average walking speed of 2.2 seconds per foot as mentioned in Mr. Ferrandino's report, Mr. O'Rourke felt the average walking speed was 3.5 feet per second. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 2 �Mr. O'Rourke stated that on Saturday there is no alternate side of the street parking and those regulations usually end at 4:00pm any day of the week, however their numbers do take into account the alternate side of the street parking when it is in effect. Mr. O'Rourke stated they had analyzed data on a proposed shuttle, which would travel from Phelps Hospital garage to the Open Door site. There were several available routes. - Travel southbound on Route 9 and make a left into the site. - Travel southbound on Route 9, make a right onto Pocantico Street or Lawrence Ave., make a left onto Beekman Ave., a left onto Broadway and then a right into the site. - Travel southbound on Route 9 past the site, turn right onto Beekman Ave. and then use an available parking space in the municipal lot on Beekman to discharge or pick up passengers. Adler Consulting did an accident study for five years of data. There were no pedestrian accidents during that time and very few at the intersection of Route 9 and New Broadway. There were more accidents in the vicinity of Route 9 and Hudson Terrace due to the fact that two lanes merge into one lane south of Beekman Ave. Mr. O'Rourke stated that access to and from the site is wide enough. Even if all the parking spaces are being used there is enough room in the lot to accommodate two waiting vehicles. The Chair asked if there was room for a parked vehicle to pull out if the two cars were waiting in the lot Mr. O'Rourke stated there would have to be driver courtesy, however it could be done. He felt it would be a rare occurrence that all spaces in the lot would be filled. Timothy Judge stated vehicles tend to drive in the center of the northbound 20-foot lane and asked how cars would be able to get around a waiting vehicle if that vehicle were not in the curb lane. Mr. O'Rourke stated there is a good site line for vehicles traveling north so they would be able to pull around a waiting vehicle. The Chair asked if the 21-foot curb cut is the widest opening for the parking lot. He also asked if the 21-foot curb cut was wide enough for a car exiting the lot and another entering the lot at the same time. Mr. O'Rourke stated the curb cut had sufficient width to accommodate two-way traffic. Timothy Judge stated a vehicle would have to straddle the center ofthat 20-foot northbound lane in order to make the entrance into the lot. Geraldine Tortorella stated the driveway dimension was 21'7". She stated the NYSDOT thought the parking lot entrance was adequate for the prior applicant who had larger vehicles in their commercial enterprise. Ms. Tortorella's concern was if there was enough room in that northbound lane for a car to turn into the lot and another car to move around that vehicle and continue to travel north. Their study looked at what happens with vehicle queuing. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 3 �Mr. O'Rourke stated their study showed sufficient on street parking on both weekdays and Saturdays in the area and a separate study indicated there is sufficient parking at Phelps Hospital to accommodate staff that work at Open Door. Linda Moiron asked about peak hours in the afternoon. Mr. O'Rourke stated the average peak time was between 4-7pm. Maria Gorete-Crowe asked how much space is in the parking lot when there are different types of vehicles such as minivans, trucks and cars parked. Mr. O'Rourke stated they used standardized measurements and turning templates developed by the American Association of State Highway and Transportation Officials to determine that the maneuvering can be completed. He stated it would take approximately four maneuvers to enter and turn around in the parking lot. Maria Gorete-Crowe asked if these maneuvers take into account larger size vehicles. Mr. O'Rourke stated they calculated their turning maneuvers using a full size, 4-door passenger sedan, which is approximately the same size as a minivan. Geraldine Tortorella stated the parking spaces are full-size conforming spaces. Discussion ensued regarding the width and length of the parking spaces. The Chair referred to the March 6-2013 Supplemental Traffic and Parking Study. He asked if this were an update to the June 2 8 * study. Mr. O'Rourke stated that the June 28'"' traffic study was a weekday study and the subsequent analysis was for Saturday conditions. Geraldine Tortorella stated that Open Door has suggested they install a variable message board at the entrance to the parking lot so patients would know if there is a parking space available before they enter the lot The message board is connected to sensors that are installed under each of the parking spaces. Ms. Tortorella stated she believed the message board is permitted under the zoning ordinance. The Chair asked if she knew of any other facilities that use that mechanism. Ms. Tortorella replied it is typically used in parking garages and larger structures. Ms. Tortorella also mentioned that the shuttle is a seven-passenger minivan and can circulate on the proposed site. Open Door is flexible as to an alternate method for how the minivan gets to the site and an alternative for the drop-off space in the municipal lot on Beekman Avenue. She mentioned that Open Door had addressed the Board of Trustees regarding the minivan in the municipal lot and the Village Attorney had submitted a memo stating there is no requirement by the Village for alternate parking for the minivan since it is a passenger size vehicle and can pull into any space in the Beekman Avenue lot. The Chair asked if the seven-passenger shuttle could pull into the lot at the proposed location if it were full, drop off passengers, turn around and exit. Ms. Tortorella stated it was possible. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 4 �Ms. Tortorella addressed concern about truck traffic at the site. Currently there is a full size, loading zone in the parking lot, however she stated Open Door has very little need for a full size loading zone. They have limited truck traffic at their existing location and do not anticipate having more at the proposed location. There are only three kinds of activities that generate truck traffic: - Delivery of supplies and materials: For the most part these could be delivered to the Ossining location and then brought to the Sleepy Hollow location by the minivan. - Delivery of equipment/furniture: This can be scheduled for off-peak periods of patient visits not necessarily off peak for the road system. - Trash pickup: They would use a private carter and can schedule pickups before the office opens in the morning. Trash pickup is usually once a week. The Chair asked about the off-peak hours. Ms. Tortorella stated that off peak hours are usually Tuesday - Friday in the morning. Peak times are usually between noon and 4:00pm. Timothy Judge asked how often medical waste was picked up. Anita Willenken stated it would be once per month. Geraldine Tortorella addressed what the Open Door's "expanded service area" would be if they moved to a larger facility. In their submission to the Board they stated they do not have an expanded service area. They have an expanded physical plant that allows them to serve more patients in the existing service area. They have provided statistics as to the patient population in the current vicinity they serve. Out of over 9300 low and moderate-income level people in the 10591 zip code, approximately 5000 people live in Sleepy Hollow and 4320 live in Tarrytown. Open Door currently has 4000 patients it serves. Projections indicate they could serve 5600 patients at the new location however they may not reach that number. The Chair asked if Open Door was currently turning patients away. Geraldine Tortorella stated that the demand for services is more than the number of appointments available. There are 800 patients getting services from the Ossining Open door who reside in Sleepy Hollow because the current office at 80 Beekman doesn't have those services available. The Chair asked if those 800 were in the 4300 numbers that was quoted. Geraldine Tortorella stated they were not in the existing patient group that Open Door serves. Discussion ensued regarding the number of patients who are served at one location versus another and those that may be patients at both locations and the reasons for those decisions. The Chair asked if there were any economic or financial impact as to whether Open Door has more or less patients. Lindsay Farrell stated their revenues are paid on a capitated basis meaning per member per month and not per visit. Open Door also receives grant funds, which are flat and don't change from month to month. Geraldine Tortorella stated there is a quality control that internally regulates how many additional patients Open Door can service. Membership in this quality controlled group Zoning Board Meeting, Marcti 20,2013 - APPROVED 5 �looks at success rates with the patients that Open Door has in order to qualify and participate in this program. There are a finite number of patient visits that can be provided on a daily, monthly and annual basis. There are a limited number of exam rooms and doctors, which controls how many people can be seen. Geraldine Tortorella stated that Open Door has never had to go to another location and get patients to visit their offices in Sleepy Hollow. There was more than enough patient demand in areas that Open Door is located. Many patients don't have the ability to own or drive cars so they are limited by transportation costs. Also there are competitors in the area so the extent that the Sleepy Hollow Open Door can reach out to patients outside its' existing service area is limited by the their competitor's locations. The Chair asked about the overwhelming majority of patients who cannot afford a car that was referenced on (page 10) of Ms. Tortorella's submission. Ms. Tortorella stated it was based on Open Door's knowledge of its' clients situations and they did a survey to figure out how many people walk and arrived at that 70%. It's a conjecture based on knowing what the income level is of people who are served by Open Door. Open Door serves people at the Federal poverty level and below. Timothy Judge asked if Ms. Tortorella could provide the Board wnth the number of parking spaces and any parking variances required for their other locations. Janet Gandolfo stated Mr. McCarthy could provide those numbers to the Board. The Chair asked if there were any other remarks. Steve Maffia, engineer from Ferrandino and Associates, stated he wanted to clarify certain points relative to what Mr. O'Rourke had presented to the Board. 1. The width of No. Broadway near the proposed location . A full size lane is 12 feet wide on a state highway, not 10 feet as mentioned by Mr. O'Rourke. Two ten-foot lanes is somewhat constricted, however a car would be able to get by if the car entering the parking lot hugs the curb. Also a typical parking lane would be 7 - 8 feet wide. 2. The reference to % mile rule of thumb for a parking study: More recently there is evidence that trip purpose or the reason why people drive to a particular location and other factors that should be considered such as where they will look for parking spaces and how far from the front door of the facility are they willing to park. e.g. covered garage as opposed to open-air parking and weather factors. That is how they arrived at their measure of 1200 feet And actual walking distance is what is measured along the sidewalk from the parking space to the front door of the facility and not just a V* mile radius around the site. 3. Walking speed: If you are crossing the street at 3.5 feet per second that rate is appropriate. If someone parks a couple blocks away from Open Door that walking trip is made up of segments - walking then stopping to cross the street - so the Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 6 �average walking speed will be slower, approximately 2.5 feet per second because of the built in stops. And when this speed is applied to the 1200 distance, then its' about an 8-minute walk to the location. That's the maximum that most people would walk if they are sick and going to the doctor Michael Wernick asked for walking time differences. Steve Maffia stated it would take an additional minute or two to walk to the location and given certain conditions might decide whether to park or try to circulate and find a closer space. 4. Circulation on the site: The applicant should do everything to discourage people from trying to get into a full lot to the extent that the Lot Full Sign is worth considering. 5. Parking on the site: can't avoid occasionally having a situation when a car is backing out and another is pulling in and there is jockeying for position but the applicants should try to avoid that situation happening on a chronic basis otherwise some of that traffic will spillback onto route 9 and cause other traffic issues. Again the "lot full" sign should be considered. 6. Overall results of parking study: Adler had accounted for alternate side of street parking in a later study. But later in the day is when people come home and residents in the area fill the available parking spaces on the street. Ferrandino & Associates found that while the average is 100 empty spaces, it is later in the day when there is overlapping of appointments at Open Door that the number of spaces is 20-25, which might still accommodate their need at that point. Those spaces could be farther away and not that useful to people going to Open door later in the evening. Michael Wernick asked if they the traffic study took into account the fact that alternate side of street parking regulations are not in effect on certain days, Mr. Maffia agreed but stated it was appropriate for the traffic study to take into account the alternate side of the street regulations and only look at what is regularly avail during the day. The Chair asked about the roadway lanes being 10 feet rather than 12 feet. He asked if that decreased road width would give cars less room to make the turn into the lot at the same time cars are exiting. Mr. Maffia agreed that cars making a right turn in from the northbound lane on route 9 might prove problematic for an inexperienced driver. There could be issues if someone is trying to exit but he agreed with Mr. O'Rourke's assessment that this situation wouldn't happen that often. Mr. Maffia stated that Ferrandino & Associates had asked for service area numbers of patients from Open Door, which would have a direct impact on traffic predictions. They just received those numbers at the meeting and will return to the board with additional questions. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 7 �Maria Gorete-Crowe asked if a No-Left Turn sign could be placed at the exit of the parking area. Geraldine Tortorella stated there is an existing sign that says no left turn onto the southbound lane of Route 9 that was imposed on the site plan of the previous applicant. Linda Moiron asked about Open Door picking up patients who drive from Phelps instead of having them park in the area. Ms. Tortorella stated she is not sure at what distance patients choose not to walk but rather drive, however the Tarrytown patient population is served by the #13 bus route which travels to Elmsford and makes a stop at the Tarrytown train station and many patients have that source of transportation available to them. Linda Moiron asked if Open Door operated a minibus in any of their other locations. Ms. Tortorella replied they do not. The Chair asked Ms. Tortorella about an email exchange between Lindsay Farrell, CEO of Open Door and Trustee Karin Wompa. He referenced a line in Ms. Farrell's email where she stated that she wanted to make sure the "use is absolutely permitted". He asked if Ms. Farrell understood that she had work to do to make sure that the use for the property was absolutely permitted. Ms. Tortorella stated it was the medical office use that Open Door wanted to make sure was permitted. She stated the email communication has to do with the due diligence that Open Door did in connection with evaluating the feasibility of moving its' Office to the proposed location. She stated that they have never taken the position that the Village told Open Door they would never have to get any approvals. Open Door did do an analysis of the parking and reached a conclusion that parking would not be an impediment to moving to that location. Ms. Tortorella stated there was no indication from any communication from the Village that it would. Open Door did not ignore what its' approval requirements would be but never got any indication that the lack of parking would be a problem for the application from any of the communications it had with Village officials. The Chair asked if the purpose of exhibit 5 from Open Door was to show that there was no signal that the lack of parking would be a problem for Open Door. Ms. Tortorella agreed that was the purpose of their exhibit - to show that there were conversations with Village officials and those statements while they did not say Open Door's application would be approved, also did not say that there were any problems with the application. Timothy Judge asked if the applicant had reviewed the resolution regarding the Grotto variance. Ms. Tortorella replied that the applicant was aware of the approval process. Lindsay Farrell indicated they were aware of the resolution. The Chair asked Ms. Tortorella if she believed that her client understood the degree of the variance it needed in order to operate the facility the way it intended on the property. Ms. Tortorella stated she believed her client understood the needs of its' patients for parking and had a plan in place to deal with both patient and staff parking requirements and did not view the lack of technical number of parking spaces required under the code as a problem for relocating. Zoning Board Meeting, Marcti 20,2013 - APPROVED 8 �The Chair restated what Ms. Tortorella responded; that her client (Open Door) was aware that a variance was needed in order to operate its' facility. Open Door bought the property on the assumption that it would get a variance based on how they were dealing with the (parking) problem. Ms. Tortorella agreed to that statement. Timothy Judge asked if the Village could provide the Board with a copy of the resolution for the Grotto variance. Mr. Judge asked Steve Maffia about the turning radius submitted for the van doing the drop-offs at the locations. Mr. Maffia stated that the minivan traveling northbound on route 9 would have to hug the curb or the right side of the driveway to make that turn into the site. Mr. Judge stated that the submission of February 26, 2013 showed a turning radius for a vehicle traveling southbound on route 9 and turning into the lot, and not a vehicle traveling northbound and making that same turn. Mr. Maffia agreed. The Chair made a motion to continue the public hearing. PUBLIC HEARING The Chair stated the verbal public hearing would be closed after tonight's meeting. MARIO BELANICH handed out the agenda to the Board and asked about the change of use for the property. The Chair stated the agenda lists what the variance covers but not necessarily what is being discussed at the current meeting. Mr. Belanich asked about the change of use. The Chair stated the property was not previously used as a medical facility. Mr. Belanich stated this application should be denied. GRACE BELTRAN, Director of Marketing, Open Door, stated their patients walk to Open Door because they don't have cars and they take responsibility for being pedestrians. They follow the signs and know how to cross the street. She stated the parking issues were trivial in comparison to the health of their patients. YOLANDA SEVILLA, 61 Chestnut Street (Open Door patient - translated by Grace Beltran) She stated she is a mother and an Open Door patient and would continue to walk to the new location. NANCY SAN MARTIN 61 Chestnut St. (translated by Grace Beltran) stated she is a mother of two and it would be no inconvenience to walk the extra distance to receive childcare. SUSAN GITLITZ, 325 King Street, Port Chester, NY stated the Open Door serves a variety of customers including people who work in the vicinity. ALLISON POWELL, 2 Manor Close stated that this location for Open Door was an opportunity to serve the community better. She stated we should expand wellness and healthcare for people in our community. She supports Open Door. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 9 �REBECCA SROLE, 487 Munroe Avenue stated she is a member of the Phelps Hospital Board, supports Open Door and feels it is a valuable asset to the community. They can provide comprehensive care with continuity to patients and can be a showcase for what can be done in a diverse community like Sleepy Hollow for the County and beyond. KEITH SAFIAN, CEO of Phelps Memorial Hospital stated he feels the focus should not be on the walking distances discussed. He stated the detail about size of cars is not relevant and most of the Open Door patients who do have cars drive compact vehicles. He also stated that Open Door provides primary care for the newly insured that will be covered under the new healthcare laws that take effect in 2014. Mr. Safian stated he hopes the Zoning Board will let this application go through quickly. MARY OLIVEIRA, 117 Van Tassel Avenue, stated she is requesting the Board deny the parking variance to Open Door. She mentioned the traffic problems on Route 9 in front of C-Town in Tarrytown and the parking variance that was given to Sleepy Hollow Senior Housing. She stated that if the proposed Open Door location had 15 or 20 spots, she would not be objecting, but it only has seven parking spaces. LEONA FIXELL, Tarrytown resident stated has been working with patient advocates and case managers at Open Door. They get to know patients and have conversations with their patients regarding their lives. She feels the parking is inconsequential and the impact by expanding Open Door's facility will enable them to do a better job. ED OLIVEIRA 117 Van Tassel Avenue, reminded the Board he dropped off a petition with 220 signatures of residents fi"om Webber Park. He stated there were variances issued in the past that have created congestion on Gordon Ave. and Katrina Ave. He has witnessed on many occasions people being dropped off in fi"ont of Open Door on Beekman Ave. He doesn't feel this location can be compared to Open Door's other locations in terms of patient drop off. Port Chester has a covered overhang and is in a commercial area. The Ossining location has pull in parking and a wide street and parking in the back. Mt. Kisco has 17 parking spaces and a covered overhang. He stated Open Door is not being asked to leave, they are just asking they not be permitted to operate in the proposed location because it will affect the residents of the neighborhood who live there. ANITA WILLENKIN, from Open Door received letter from residents of 49-1/2 Broadway writing in support of Open Door. She read the letter to the Board. The letter stated that the impact on property spaces would be minimal and the Open Door services would benefit the community. REBECCA COLLINS, Medical Director from Open Door in Sleepy Hollow stated that by June 2013, there would be 19 doctors working out of 10 exam rooms. Part of Open Door's application for residency was to increase the amount of primary care physicians that stay in the area. They are attracting resident doctors who want to practice primary care in Westchester. Open Door cannot train doctors if they don't have exam rooms where they can see patients. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 10 �KAREN RINGEN, 15 Hudson Terrace, stated she is a non-driver and patient of Open Door. She stated she lives within the radius where patients will park and feels Open Door is important for our town to have a medical facility that can grow with the community and can serve everyone is important. The Chair made a motion to close the public hearing. Maria Gorete-Crowe seconded the motion. The Board voted in favor. Absent: Sherry Bishko, Tom Capossela The Chair asked if the applicant had an5rthing else to discuss. Ms. Tortorella stated Open Door had met with the Board of Trustees. She stated the Board is not in a position to cooperate with Open Door on the crossing guard issue. Also Open Door had asked for parking permits in the Elm Street parking lot, which was denied, and had received no answer to their requests for parking permits for the Beekman Avenue lot She asked Michael O'Rourke to address the relevance of the crossing guard in the parking study they conducted. Mr. O'Rourke stated the crossing guard did not figure into the traffic analysis. There is a marked crosswalk with a traffic signal and a pedestrian signal. The pedestrian signal is activated by pushing the button. The signal to cross only comes up during the traffic signal phase of cars exiting New Broadway. Their study noted approximately 5 vehicles in any peak hour exiting New Broadway and turning across the crosswalk on North Broadway. The crossing guard would have pushed that button however the pedestrians can push the button themselves. Geraldine Tortorella stated Open Door is willing to work with the Village if there are other conditions or measures they need to implement because Open Door is very interested in being in this proposed location. The Chair thanked the public for their comments. The Chair made a motion to adjourn for continuation next month. Maria Gorete-Crowe seconded. The Board voted in favor. 2 ) Antonio Rodrigues 332-340 No. Broadway Resolution The Chair made a motion to approve the resolution as drafted subject to fixing the date and address. Timothy Judge seconded the motion. The Board voted in favor. Absent: Sherry Bishko, Tom Capossela 31 Approval of Minutes February 27. 2 0 1 3 The Chair made a motion to approve the minutes as amended. Timothy Judge seconded the motion. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 11 �The Board voted in favor. Absent: Sherry Bishko, Tom Capossela The Chair made a motion to adjourn the meeting. Linda Moiron seconded the motion. The Board voted in favor. Absent: Sherry Bishko, Tom Capossela The meeting was adjourned at 10:40pm. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-03-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/6fe3158c8ddfaed54f07ebf8dbaabc52.pdf 68b858d731c55cfa0a1383e65096c32a PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED April 17, 2 0 1 3 Peter Koffler, Chairman, called the meeting to order at 8:10pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Timothy Judge Sherry Bishko Maria Gorete-Crowe Michael Wernick Absent: Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo [Village Attorney) Mary Gerlanc (Recording Secretary) Agenda: 1) Open Door Family Medical Center 2) James and Dana McGovern 3) Approval of Minutes 1 New Broadway 2 0 3 Harwood Avenue Continuation Public Hearing March 2 0 , 2 0 1 3 Announcements - The Chair announced that Tom Capossela had resigned from the Zoning Board and Linda Moiron requested not to be appointed for another term. The Chair thanked Linda Moiron for her years of dedicated service. The Mayor will be presenting Ms. Moiron with a plaque in her honor at the Board of Trustee meeting on Tuesday, April 24, 2013. 1) Open Door Family Medical Center 1 New Broadway Continued Application The Chair stated the Board had received a letter from this applicant stating they have withdrawn their application from the Zoning Board of Appeals. The Board acknowledged this matter is now closed. �2) lames and Dana McGovern 2 0 3 Harwood Avenue Public Hearing The Chair asked Sean McCarthy if the return notices had been received. Mr. McCarthy stated they had. The Chair asked Janet Gandolfo if he could hear and vote on this apphcation since he is in the area of notification. Per Ms. Gandolfo's instructions, the Chair read the public notice aloud for the record and recused himself from this hearing. Timothy Judge was Acting Chair for this application. Sid Schlomann, architect, for James and Dana McGovern represented this application, Mr. Schlomann stated there were three components to this project: • A front entry portico • Relocation of an existing rear shed • A two-story addition, which would align with the house, which is an existing nonconforming structure, Mr. Schlomann stated the house is a brick structure and for functionality of existing space, ease of construction and aesthetics, they are requesting a variance to align the addition with the current structure. Timothy Judge, Acting Chair, asked Mr. Schlomann to elaborate on the plan for the addition. Mr. Schlomann stated that the interior space would also be reconfigured during the renovation. The wall between the family room and the dining room will be removed. The kitchen will be reconfigured for better flow and will be extended 15 feet to the rear to become larger, open to the family room and have more natural light. None of the exterior windows or doors will be changed although an existing door to the driveway will now enter to a mudroom and a power room will be relocated. On the second floor they are reconfiguring and adding space to create a master bedroom suite with a larger en suite bathroom and closets. The other three bedrooms will remain. The intent of the project is to update the interior and add square footage to create efficient traffic flow. Sherry Bishko asked if the patio was an existing patio. Mr. Schlomann confirmed it was, Ms, Bishko asked if the addition could be seen from Harwood Ave. Mr. Schlomann stated it could not. He provided photos showing the existing house from various angles. He stated the addition would match the existing brick on the house. Maria Gorete-Crowe asked Sean McCarthy if the variance for the addition would be the same distance between the existing house and the neighbor. Mr. McCarthy stated the distance between the houses was approximately the same but the project would increase the amount of non-conformity, therefore the need for the variance. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 14 �The Acting Chair asked the architect if they were currently 1'4" out of variance. Mr. Schlomann stated the variance needed at that point was for I ' l " or approximately 13 inches. The Acting Chair asked if there were any questions from the Board. There were none. The Acting Chair moved to open the public hearing. Ms. Bishko seconded. The Board voted in favor. PUBLIC HEARING RICHARD PLANO, 215 Harwood Avenue, stated he lives next door to the property asking for the variance. He and his wife object to the granting of the variance. They feel the separation between homes is to preserve property values and create good aesthetics in the neighborhood. He stated the current zoning requirements were adopted after most of the houses were built in Philipse Manor and many houses have pre-exiting variances to the current requirements. However, to grant a large, two-story addition to an existing nonconformity adds to the problems that the zoning requirements were intended to solve. Mr. Piano presented photographs to the Board Timothy Judge asked Sean McCarthy to provide the correct section of the new Village Code that corresponds to the area variances that the applicant is requesting. Sean McCarthy stated there is no change to the language of the Code, just the numbers of the chapters. Mr. Piano stated the photos show the narrow separation between the property lines and the vegetation they have planted to provide some privacy between the houses. The photos also showed the view from Mr. Piano's kitchen and upstairs bedroom. Mr. Piano stated the addition would block their light and view. Mr. Wernick asked which direction the view faced. Mr. Piano stated they are the house directly to the west of the property at 203 Harwood Avenue. Mr. Piano stated an extension would make it impossible for them to maintain vegetation between the two properties. KATHY YEAGER, 215 Harwood Avenue, stated she understands non-conforming issues because they have a garage built in 1919, but she doesn't understand why a two-story addition would be built non-conforming. That one-foot difference would make a difference to their property. Ms. Yeager does not feel this variance would improve the neighborhood. Sherry Bishko asked Sean McCarthy how the addition could be built to avoid the variance. Mr. McCarthy stated if the addition were built up on the existing structure on that side, then the property owners would not require a variance. Richard Piano stated they did an addition on the other side of their property but they brought it in a foot to add visual variety so it would not look like a monolithic wall. He objects to have to look at his neighbor's monolithic wall. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 15 �Kathy Yeagar asked if she would be allowed the same variance on her property. The Acting Chair stated that question would have to be asked of the Board at the time of the application for that variance. The Acting Chair asked if there were any other comments from the public. There were none. The Acting Chair made a motion to close the public hearing. Maria Gorete-Crowe seconded. The Board voted in favor. Sid Schlomann stated that every design is individual to how a house is situated on a property. They were trying to design appropriately from the exterior and interior and address all building code issues. He felt that given the materials and the length of the addition, the correct choice was to match the existing brick pattern. The Chair asked if other plans had been done to reflect this 13-inch variance. Mr. Schlomann stated he and his clients choose to pursue the variance mainly for the interior function of the space so it would be fluid and cohesive. The Acting Chair stated if the applicant moved the addition in 13 inches it would negate the need for a variance. Mr. Schlomann stated it might take care of some of the neighbor's objections, like the loss of sunlight, but not all of them. There was discussion regarding alternatives to the current architectural plan. Mr. Schlomann stated the cost would make it impractical to relocate the kitchen to the opposite side of the house. The Acting Chair stated that even if the applicant shifted their plan, they would still be creating a two-story structure on that side and it still might not solve all the objections of the neighbor. The Acting Chair pointed out that the Board's vote at this meeting would have to be unanimous owing to the fact that the Chair recused himself from voting on this matter and there are two vacant Board member positions. Although there was a quorum of 4 Board members voting, the vote would have to be unanimous to pass. The Chair reiterated this point and stated the applicant could choose to continue this matter at next month's meeting when they anticipate having six voting Board members. The Acting Chair stated he would like to see some alternatives for this property. Mr. Schlomann stated the two alternatives would be building the addition on the setback line or aligning with the existing house, which required the variance. Sherry Bishko stated that pushing back the design 13 inches wouldn't necessarily satisfy the objections of the public. Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 16 �Michael Wernick agreed with this and stated he is in favor of granting the variance, Maria Gorete -Crowe asked why there was no window on the side of the addition. Mr. Schlomann stated that they were trying to orient views toward the rear and the patio and create interior wall space for furniture placement. Janet Gandolfo asked if the Acting Chair wanted to run through the criteria needed for the vote. The Acting Chair asked the applicant if they wanted to ask for a continuance because they need all four board member to vote unanimously. The applicant choose to continue this matter to next month's meeting. The Acting Chair made a motion to adjourn this matter until next month's meeting. Michael Wernick seconded the motion. The Board voted in favor. The Chair abstained. The Chair asked Janet Gandolfo if she was fairly certain that new member would be appointed by next month. Janet Gandolfo stated she would make the mayor aware of the need for new Board members. 3) Approval of Minutes March 2 0 . 2 0 1 3 The Chair made a motion to postpone approval of the minutes until next month's meeting. Timothy judge seconded the motion. The Board voted in favor. The Chair made a motion to adjourn the meeting. Michael Wernick seconded the motion. The Board voted in favor. The meeting was adjourned at 8:53pm Zoning Board Meeting, Marcti 2 0 , 2 0 1 3 - APPROVED 17 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-04-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/bd0837d62a9a3d21efbf60a181cf71e2.pdf c5bcf7b81dcb87555466a3e09f7c2c21 PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED May 15, 2 0 1 3 Peter Koffler, Chairman, called the meeting to order at 8:02pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Timothy Judge Sherry Bishko Maria Gorete-Crowe Michael Wernick Absent: Vishal Brown Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Mary Gerlanc (Recording Secretary) Agenda: 1) 2) 3) 4) James and Dana McGovern 2 0 3 Harwood Avenue Matthew Weidner & Heather Hewett 10 Hemlock Drive Beekman Realty 1 8 5 Cortlandt Street Approval of Minutes Continued Public Hearing Public Hearing March 20, 2 0 1 3 April 17, 2 0 1 3 Announcements - 1) James and Dana McGovern 2 0 3 Harwood Avenue Continued The Chair stated the Board had given the applicant the option to adjourn their application until this month so new board members could be appointed and the vote would not have to be unanimous. However, the Board again only has four voting members. The Chair informed the applicant the Board would be willing to hear their application if they chose to proceed although they were given the option to adjourn to next month. Sid Schlomann, architect, stated that Mr. McGovern would wait another month since construction is not going to start immediately. �Timothy Judge asked if the applicant had made any changes to their plan. Mr. Schlomann stated they had made no changes to the plan but were providing additional documentation and photographs for the Board. The Chair stated there were additional submissions for the Board: • Letter from Beck Liebman Petrone, attorneys, dated May 7, 2013 • Submission of comments and photographs from Richard Plano & Lynn Yeager. Motion to adjourn this application until the June meeting at the request of the applicant based on the number of individuals on the Board who can vote and the applicant's right to have a full consensus vote. Motion: Timothy Judge Vote: 5-0 Seconded: Maria Gorete-Crowe Absent: V. Brown 2) Matthew Weidner & Heather Hewett 10 Hemlock Drive Public Hearing The Chair asked if the notices were in. Janet Gandolfo stated they were. The Chair read the public notice for the record. He stated the Board had received the following documents: • The application. • The compliance form • The short form environmental assessment form. • A survey dated April 15, 2013 Frank Tancredi, architect, represented this application on behalf of the property owners. Mr. Tancredi stated the applicant is requesting a variance for a pre-existing nonconforming lot. The proposed work consists of a one-story addition. They are adding space for a new family room, constructing a new deck with stairs to the basement, making the attic space above the garage into a living space and adding a new front porch. They are requesting a variance due to the lot area in the front yard and the lot width. The project will not encroach on neighboring properties. The Chair clarified that the reason they are requesting a variance is only due to the nonconforming lot size. Mr. Tancredi agreed they were not requesting other variances. The Chair asked for a motion to open the public hearing. Motion: Judge Seconded: Wernick Vote: 5-0 Absent: V. Brown There were no comments from the public regarding this application. Zoning Board Meeting, May 15, 2 0 1 3 - APPROVED 2 �Motion to close the public hearing. Motion: Koffler Seconded: Judge Vote: 5-0 Absent: V. Brown The Chair stated based on the comprehensive survey and lack of public opinion, this application would not have a detrimental effect on the character of the neighborhood and that the variances were not substantial. Motion to approve the application as submitted Motion: Koffler Seconded: Wernick Vote: 5-0 Absent: V. Brown 3) Beekman Realty 1 8 5 Cortlandt Street Public Hearing The Chair stated this matter has been postponed due to a defect in the notice process. This matter will be on the agenda next month. March 20, 2 0 1 3 April 17, 2 0 1 3 4 ) Approval of Minutes The Chair made a motion to approve the March 20, 2013 minutes with minor amendments. Motion: Koffler Seconded: Wernick Vote: 5-0 Absent: V. Brown The Chair made a motion to approve the April 17, 2013 minutes. Motion: Koffler Seconded: Wernick Vote: 5-0 Absent: V. Brown The Chair made a motion to adjourn the meeting. Seconded: Wernick Vote: 5-0 Absent: Brown The meeting was adjourned at 8:22pm. Zoning Board Meeting, May 15, 2 0 1 3 - APPROVED 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-05-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/d818e36b48aed969c62068dcc0d26afc.pdf 9a4e931c8475627243466d620d71730d PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED June 19, 2 0 1 3 Peter Koffler, Chairman, called the meeting to order at 8:07pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Timothy Judge Michael Wernick Vishal Brown Timothy Church Absent: Maria Gorete-Crowe Sherry Bishko Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Mary Gerlanc (Recording Secretary) Agenda: 1) 2) 3) 4) 5) James and Dana McGovern Beekman Realty Anna Komorowski Peter Oppenheim Approval of Minutes Announcements this meeting. 2 0 3 Harwood Avenue 1 8 5 Cortlandt Street 9 Hemlock Drive 1 2 1 Hunter Avenue Continued Public Hearing Public Hearing Public Hearing May 15, 2 0 1 3 The Chair announced that item No. 4 would not be on the agenda for 1) James and Dana McGovern 2 0 3 Harwood Avenue Continued The Chair stated the Board had given the applicant the option to postpone their application until this month since there were only four voting members present at last month's meeting and the vote would have to be unanimous. The Chair recused himself from this matter since he was in the notice area. He suggested the applicant proceed with the application for the benefit of the two new members who have not heard it before and then the applicant would again have the decision to postpone the decision until next month when there would be more voting members present. �Sid Schlomann, architect represented this application. Mr. Schlomann handed out additional materials to the Board. Timothy Judge stated he would be the acting chair for this application since the Chairman has recused himself from this matter. The Acting Chair stated the Board had received the following documents: • Variances requested and the applicant's opinions regarding those variances. • Google Earth image showing the path of the sun. • Additional images of the applicant's property and some neighboring properties. • Letter from Beck Liebman Petrone, P.C. to the Board dated May 7, 2013. • Email received by the Village on June 19, 2013 from Kathy Yeager, residing at 215 Harwood Ave. Sid Schlomann stated the proposed project is to construct an addition to an existing home in an R2 zoning district. They would construct an entry portico and a rear addition that aligns with the existing home, except in the rear of the house. Mr. Schlomann showed the Board the front; side and rear yard existing setbacks. He pointed out the area they are requesting a variance of approximately 13 inches. All other aspects of zoning are fully compliant with the zoning codes. Mr. Schlomann indicated the proposed interior alterations, which include making the kitchen into an open floor plan with the family room and dining area. The second story aligns with the existing structure, however the configuration of the rooms would change slightly. They applicant is proposing an exterior brick facade which ties in with the existing brick on the house. The Acting Chair asked if the left side elevation has two additional windows. Mr. Schlomann stated that the neighbor had objected to facing a brick wall so there was the option to add the two windows to the plans. The Acting Chair stated the Boards copy of the plan is dated March 6, 2013. He asked Sean McCarthy if these plans were available to the public for viewing at Village hall. Mr. McCarthy stated they were available. Mr. Schlomann stated he felt the proposed addition, either built to align with the existing house or 13 inches back would only have a good effect on the neighborhood. He asked the Board to look at the Google Earth map of the house. He referred to the neighbor's concerns regarding the shadows the new structure would create on their property. Mr. Schlomann indicated that the morning sun would be minimal and there is full vegetation between the neighboring properties. He stated the additional photos show the house and the existing vegetation at various times of the year. Mr. Schlomann stated that recently there was a fence installed between the two properties by the neighbor and he asked that the Building Department or Code Enforcer review the materials used for the fence. Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 2 �Michael Wernick asked about the details on the Board's plans as compared to the plans Mr. Schlomann presented at the meeting. The Board's plans showed windows on the second story of the left side elevation and Mr. Schlomann's plans did not include those windows. Mr. Schlomann stated they felt those windows were unnecessary to the plan. There was discussion regarding which plans were current to the application and which plans were available to the public. Mr. Schlomann conferred with his client who decided the windows would be included as shown in the Board's version of the plan. Sean McCarthy asked Mr. Schlomann if there was another window in the second story bathroom that wasn't shown on the plans. Mr. Schlomann stated that window was not on the current plan. Michael Wernick stated the Board should have accurate plans since aesthetics are part of the Board's decision on this variance request. Mr. Schlomann stated the applicant would like to postpone the vote until next month and he would submit accurate plans to the Board. Motion to open the Public Hearing: Moved: Judge Seconded: Wernick Vote: 4-0 Abstained: Koffler Absent: Gorete-Crowe, Bishko PUBLIC HEARING RICHARD PLANO, 215 Harwood Avenue stated the existing house is within the existing R2 zoning requirement and to reduce the spacing between the houses would reduce the privacy. He also stated it is only 13 inches for the applicant to comply with the zoning code. Regarding the fence, the 8.9-foot strip is temporary vinyl latticework to hide the utility area used for trash, so he could use his backyard and terrace without looking at trash and recyclables. There were no additional public comments. Motion to adjourn the Public Hearing and this matter until next month: Moved: Judge Seconded: Wernick Vote: 4-0 Abstained: Koffler Absent: Gorete-Crowe, Bishko 2) Beekman Realty 185 Cortlandt Street Public Hearing The Chair confirmed with Sean McCarthy that the returns were in for this application. The Chair read the Public Notice into the record. The Chair stated the Board had received the following documents: • An application dated April 15, 2013. • A site plan and survey received April 15, 2013. Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 3 �Frank Tancredi, architect and John Manuele, property owner of 110 Beekman Ave. and 185 Cortlandt Ave. represented this application. Mr. Tancredi stated the current building is comprised of a four-story structure, which has residential space on three stories and commercial space on the bottom floor. It is attached to a two-story portion of the building, which has access from 110 Beekman Avenue, which is currently vacant. The bottom floor had been warehouse space and the second floor had been a social club. Since the bottom floor was vacant for a period of time, the nonpermitted use had lapsed. The Planning Board had asked the applicant to develop the lower floor as retain space and the upper floors as two residential apartments. The applicant is asking the Zoning Board for area variances for the retail space. The parking requirement for the proposed structure would be 10.3 parking spaces. They are proposing a loading area in the back of the building. Mr. Tancredi showed plans for the two apartments on the second floor. He stated they would omit the current garage door on the lower level and install storefront windows. Michael Wernick asked what variances the applicant was requesting. Discussion ensued regarding the variances for the retail space and two apartments. The Chair asked if the ground floor retail use was a permitted use. Mr. Tancredi stated it was a permitted use. Janet Gandolfo stated the retail space required an area variance, not a use variance because the applicant does not have the parking and certain setback requirements. The Chair asked how many parking spaces are needed for the commercial portion of the building. Mr. Tancredi stated that zoning required 7.8 spaces for the retail space and the residential space requires 2.5 parking spaces. The Chair asked what other uses are permitted in the ground floor space. Mr. Tancredi stated it could be used for retail business or office usage. The Chair asked Sean McCarthy if office use has different parking requirements than retail use. Mr. McCarthy stated that office use requires one parking space for every 300 square feet and retail use requires one parking space for every 250 square feet. The Chair asked about the permitted use for the residential portion of the property. Sean McCarthy stated it was permitted for residential however the question was how many dwelling units could be constructed in that space. The more dwelling units in the building, the more bedrooms and the need for more parking spaces. John Manuele stated it currently is a big open space and they are proposing to divide it into two apartments. Sean McCarthy stated the retail portion could be sales of goods or a food service establishment and the parking requirements for food service are based on the number of seats as opposed to square footage. The Chair asked the size of the residential units. Mr. Tancredi stated they are proposing 810 and 781 square foot units. The Chair asked if the parking requirement would change if Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 4 �there were one residential unit instead of two. Mr. McCarthy stated it might change by only one space. The Chair asked the size of the retail space. Mr. Tancredi stated the plan showed it was approximately 913 square feet with some space for storage in the rear. Mr. McCarthy asked if the storage space was factored into the calculation for the parking. Mr. Tancredi stated that number was factored into the calculation. The Chair asked if the variance was for retail use or food establishment. Mr. McCarthy stated the applicant would have to return for an additional variance unless they proposed a seating arrangement for the food establishment that didn't exceed the current request for the parking variance. Motion to open the public hearing: Moved: Koffler Seconded: Judge Vote: 5-0 Absent: Gorete-Crowe, Bishko There were no comments from the public. Motion to close the public hearing: Moved: Koffler Seconded: Wernick Vote: 5-0 Absent: Gorete-Crowe, Bishko Mr. Wernick asked how long the building was vacant. John Manuele stated the last ground floor tenant vacated the premises in 2010. Mr. McCarthy stated the second floor had been vacant since a fire in 1998. John Manuele stated he was happy to own the property, however financially he could use income from the property since he was spending money to make it nicer for the Village. The Chair asked if the Planning Board's observation, that they prefer this property to be retail space instead of warehouse, was part of the minutes. Janet Gandolfo stated it was in the minutes but not an official referral to the Zoning Board. The Chair asked if there were any questions. Michael Wernick asked if the residential portion would be constructed first. Mr. Tancredi stated it would. Ms. Gandolfo reminded the Board the village does have monthly rental parking across the street or on Elm Street so there is permit parking available for tenants. The Chair stated this is a ground floor space that is sitting empty and located on a main street. He stated it is hard to tell someone they need to keep their building empty when it is on a thoroughfare and even though they could apply for a use variance, the parking requirement for warehouse use is not that different from the requirement for retail use. As far as the residential portion, two units area being created where none had existed before, although the parking offset for one unit as opposed to two units is not that different Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 5 �either. The Chair stated that having an active retail area with lights on versus a vacant space is not going to be detrimental to the neighborhood or change the character in any negative way or the environment. Based on the history, the Chair stated he doesn't consider this to be self created hardship by the applicant. The Chair made the motion to approve the variance requested subject to all the requisite approvals by all the Boards. Moved: Koffler Seconded: Judge Vote: 5-0 Absent: Gorete-Crowe, Bishko Janet Gandolfo stated there would be a formal resolution prepared for the next meeting and it would be filed with the Village Clerk's office once it is approved. 3) Anna Komorowski 9 Hemlock Drive Public Hearing The Chair read the public notice into the record. The Chair confirmed with Sean McCarthy that the returns were received for this application. The Chair stated the Board had received the following: • Application dated May 10, 2013 • Survey and plans received May 10, 2013 • Letter dated June 10, 2013 from Arthur McKinley received June 19, 2013 • Email from George Lence to Arthur McKinley dated June 18, 2013 Sid Schlomann, architect and Anna Komorowski, property owner, represented this application. Mr. Schlomann stated the lot is a legal non-conforming lot and requires an area variance. They are proposing to build habitable space on an existing one-story garage and add a rear deck on the kitchen to add egress from the kitchen to an outdoor patio space. The addition over the garage is slightly smaller than the existing space and complies with the Zoning Code. The Deck requires a 25-foot setback in the rear and they are proposing a deck that is approximately 14 feet by 20 feet into the yard. The deck is 2.8 foot above grade. Discussion ensued about the shape of the deck and the part of the kitchen that cantilevers over the basement space below. The deck would be built around the cantilevered area. Mr. Schlomann showed photos of the property, which is a corner lot and the landscaping that screens the property from the street. He showed where the roofline of the new space above the garage would match the roofline on the existing house. Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 6 �He showed the location of the deck and stated that current landscaping screening would be removed to construct the deck, although there is additional screening landscaping between the property and the neighbor to the rear. The Chair asked for a motion to open the Public Hearing: Moved: Koffler Seconded: Judge Vote: 5-0 Absent: Gorete-Crowe, Bishko PUBLIC HEARING ARTHUR McKINLEY, 18 Kingsland Road stated that he was the writer of the letter to the Board regarding this application. He clarified where the neighbors who co-signed the letter, live in relation to the property requesting the variance. He stated all the vegetation seen in the photos is on his property. He is the nearest neighbor. Mr. McKinley stated he is opposed to variances because they are damaging to the neighborhood and he feels the Zoning Board is here to enforce the zoning code. He believes the house if fairly large for the lot and they could construct a deck which doesn't encroach on the setback line. He feels this is major construction that is turning an existing nonconforming lot into a much larger non-conforming lot. DAVID IMPASTATO, 9 Hemlock Drive, stated he is the husband of the applicant. They have an extended family including elderly parents that spend time with them and could use an extra bedroom to accommodate them. He stated the house was built in 1958 and never renovated. They are redoing the kitchen and since the patio is not close to the kitchen, it would be easier for their parents not to have to go up and down stairs to the patio area. They can supplement vegetation so the deck would not be seen by the neighbors. He stated they have a legal non-conforming house and would need a variance even if they built a much smaller deck. He stated they already have a patio that is approximately the same distance from Mr. McKinley's house as the proposed deck. The Chair made a motion to close the public hearing. Moved: Koffler Seconded: Church Vote: 5-0 Absent: Gorete-Crowe, Bishko The Chair asked Mr. Schlomann decided on a 14-foot deck. Mr. Schlomann stated there were several factors including the size of the table, the bbq grill, and the number of people who would be on the deck. Timothy Church asked if it was possible to gain the same amount of space by making the space closer to the house but wider. David Impastato stated they are willing to consider a compromise. The Chair asked what possible mitigation they could come up with to lessen the extent of the variance request. Mr. Schlomann stated they did not want to make the deck wider. Timothy Judge suggested extending the deck two-feet to the east and aligning the stairs Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 7 �with the existing patio. Mr. Schlomann asked the owners if they would consider that. They nodded. Discussion ensued regarding the placement of the deck and the stairs to the patio below. Sean McCarthy asked the height of the deck off the ground. He asked if there was a step down from the house or if it was flush with the house. Mr. Schlomann stated the deck was 32-inches from the ground and there was one step out of the house and then another four risers down. Mr. McCarthy asked if they had considered lowering the deck from the house and removing the guardrails. Mr. Schlomann stated they had considered it but felt they needed it for small children and privacy reasons. Michael Wernick asked how many surrounding properties could view the deck if there were no landscaping. Mr. Impastato stated there was a variety of landscaping and shrubbery with some spaces in between the shrubs so it might be seen. Mr. Schlomann stated the owner would supplement that landscaping. He stated it was fairly well screened from the street. Timothy Church asked where the vegetation would be supplements. Mr. Schlomann showed along the rear property line. Mr. Impastato stated they would be moving the gate that currently faces west towards the south and covering the corner with higher vegetation. The Chair stated he was comfortable granting the variance with the following condition: • The deck should be scaled back southward by 2-feet in depth. He stated this variance wouldn't have a detrimental affect on the neighborhood or the environment based on the overall lot size. He stated the Board evaluates every variance and since the overall size would be scaled back two feet, this is not a substantial variance. He doesn't want to mandate landscaping since it is difficult to monitor and very subjective. The Chair stated the applicant would most likely be concerned with their privacy and would want to install privacy shrubbery. The Chair made a motion to grant the variance based on the condition that the deck is scaled back southward by two feet, although it could be built more westward but not eastward. Motion: Koffler Vote: 5-0 Seconded: Church Absent: Gorete-Crowe, Bishko 3) Approval ofMinutes May15, 2 0 1 3 The Chair made a motion to approve the minutes of May 15, 2013. Moved: Koffler Seconded: Wernick Vote: 3-0 Abstained: Brown, Church Absent: Gorete-Crowe, Bishko Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 8 �The Chair made a motion to adjourn the meeting. Moved: Koffler Seconded: Judge Vote: 5-0 Absent: Gorete-Crowe, Bishko The meeting was adjourned at 9:37pm. Planning Board Meeting, June 20, 2 0 1 3 - APPROVED 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-06-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/6ff267f13ee6c1e34303ccc600a44921.pdf 02072f9dfc49b44d5fe3409c3337512a PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED July 17, 2 0 1 3 Peter Koffler, Chairman, called the meeting to order at 8:05pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Timothy Judge Sherry Bishko Michael Wernick Vishal Brown By Phone: Timothy Church Absent: Maria Gorete-Crowe Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Mary Gerlanc (Recording Secretary) Agenda: 1) 2) 3) 4) 5) James and Dana McGovern Peter Oppenheim Neal Rechtman Jeffrey McClung Approval of Minutes 2 0 3 Harwood Avenue 1 2 1 Hunter Avenue 2 7 9 No. Washington 1 1 Holland Avenue Continued Public Hearing Public Hearing Public Hearing June 19, 2 0 1 3 Announcements - The Chair announced the Board would vote on a resolution regarding voting procedure by telephone or electronic means. The Chair read the resolution into the record. Resolutions: (See attached) 1) James and Dana McGovern 2 0 3 Harwood Avenue Continued This is a continuation of an application to construct a two-story addition and entry portico. The Chair announced he would recuse himself from this matter, however Board member Timothy Church would be joining the meeting by phone. Timothy Judge presided as Acting Chair for this application. �The Acting Chair asked if there were any additional submissions. Sid Schlomann, architect, represented this application. He distributed revised drawings to the Board. Mr. Schlomann stated the drawings include new windows on the first and second floor to soften the facade that faces the neighbor's property. He stated the new drawings do not affect the zoning portion of the application. The Acting Chair asked if the neighbors had viewed the plans. Mr. Schlomann responded they had not. A copy of the plans was given to the neighbors to review. Mr. Schlomann summarized the project. He stated it is an addition that extends towards the rear yard and aligns with the existing non-conforming house. The project requires a side yard variance of 1.1 feet. He stated the applicant had reviewed the possibility of changing the renovation design but it was not financially feasible to relocate the kitchen, bathroom and dining room. The applicant feels this plan is not a negative impact on the environment or on the community. Sherry Bishko stated she doesn't think the variance is substantial. It would have the same impact on the neighbor even if it is moved back 1.1 feet. The Acting Chair noted the Zoning Board received a letter from Kathy Yeager, the next-door neighbor. The Acting Chair reopened the Public Comments portion of the meeting: PUBLIC COMMENTS: Richard Plano, 2 1 5 Harwood Avenue read some of the letter sent by Kathy Yeager. Mr. Plano stated that comments have been made that the variance is only 1.1 feet, and his reply is then why couldn't the interior design be lessened by 1.1 feet. He is asking that the minimum setback be preserved. There were no other public comments. Motion to close the public hearing: Moved: Judge Seconded: Bishko Absent: Gorete-Crowe By Phone: Church Vote: 5-0-1 Abstain: Koffler The Acting Chair asked the applicant if they would like to postpone the vote. The applicant responded they would like the Board to vote tonight. The Acting Chair stated he could understand both sides of the matter. He also stated it doesn't cause a significant change in character to the neighborhood and it is not a selfcreated hardship since it is an existing non-conforming property. Planning Board Meeting, July 18, 2013 - APPROVED 17 �The Acting Chair stated that it is a difficult application but taking everything into consideration and the amount of the request being 13 inches and the willingness of the applicant to make accommodations, he would support the application. Motion to approve the variance: Moved: Judge Absent: Gorete-Crowe 2 ) Peter Oppenheim Seconded: Bishko By Phone: Church Vote: 5-0-1 Abstain: Koffler 1 2 1 Hunter Avenue Public Hearing The Chair read the public notice into the record and verified with Sean McCarthy that the returns had been received. He stated the Board had received the following document: • An application • Survey received May 15, 2 0 1 3 Frank Tancredi, architect, and Carolyn and Peter Oppenheim, owners, represented this application. This is a proposal to add a rear addition onto the house, which includes a bedroom on the second floor, a family room/sunroom on the first floor, a pantry space and a lower level walk out master bedroom suite. Mr. Tancredi showed elevations to the Board and how this addition would blend in with the existing architecture of the property. The Chair asked about the variances for the combined side yard. Mr. Tancredi stated the distances to the deck and to the house. Discussion ensued regarding the distances. Timothy Judge asked if the patio was existing. Frank Tancredi stated the existing stonewall is outside the property line. They are proposing a new wall as a retaining wall but not a terrace wall. Discussion ensued about the design of the addition. The Chair asked if they had considered other designs. Mr. Tancredi stated they had considered other designs but this was the final choice. Motion to open the public hearing: Moved: Koffler Seconded: Judge Absent: Gorete-Crowe By Phone: Church Vote: 6-0 PUBLIC COMMENTS: DAVID HODGSON, 2 8 7 North Washington Street, stated he approved of the project and the variance should be granted. Planning Board Meeting, July 18, 2013 - APPROVED 3 �There were no other public comments. Motion to close the public hearing: Moved: Koffler Absent: Gorete-Crowe Seconded: Judge By Phone: Church Vote: 6-0 The Chair stated the variance was not substantial and this would not have an adverse affect on the neighborhood. The applicant considered other designs and this is a minimal variance to accomplish its' goals. This is a minor expansion of the existing non-conforming condition. Motion to approve the application as submitted: Moved: Koffler Seconded: Bishko Absent: Gorete-Crowe By Phone: Church 3 ) Neal Rechtman Vote: 6-0 2 7 9 No. Washington Public Hearing The Chair confirmed with Sean McCarthy that the returns were in. The Chair read the public notice into the record. The Chair stated the Board had received the following documents: • Application • Color architectural drawing dated May 30, 2 0 1 3 • Property survey • Architectural drawings received May 15, 2 0 1 3 William Simeoforides, architect represented the application. The proposal is to construct an apartment on the third floor of the house. They would provide a new entrance through the back of the house to replace the steep stair to the third floor. They are proposing a onebedroom unit. They would replace the front window with a larger window for egress from the bedroom. Mr. Simeoforides stated they have six parking spaces provided - two are in the garage and two of the four outside spaces are for compact cars. The Chair asked if they are creating the parking spaces. Mr. Simeoforides stated they would remove a tree to create a parking space. He distributed color photographs of the property for the Board to review. Timothy Judge asked if they would be increasing impervious surface in rear by removing green space. Mr. Simeoforides stated they would. Planning Board Meeting, July 18, 2013 - APPROVED 4 �The Chair asked the width of the driveway at the narrowest point. Mr. Simeoforides stated it was 9.5-10 feet to the curb. The Chair asked Sean McCarthy the zoning requirement for driveway width. Mr. McCarthy stated it should be 10-feet if it is an existing driveway. Discussion ensued regarding size of parking spaces and turn around space for cars in the rear of the property. Mr. Judge stated snow removal would make the parking more difficult and safety could be compromised if an ambulance/first responder had to access the apartment in the rear. Discussion ensued regarding the design of the new parking area. Janet Gandolfo stated the applicant would have to fulfill the number of regular size parking spaces first and then a portion of those regular spaces could be compact size. Mr. Simeoforides stated they would provide four full size spaces and two compact and the only reason for the compact size spaces is the backup distance in the rear. Michael Wernick asked if there was on-street parking. Mr. Simeoforides stated there was parking on both sides of the street. Neal Rechtman, owner, stated it was possible to back out of the garage and turn around in the driveway and drive out to the street. Sean McCarthy stated that zoning requires four full-size and two compact size parking spaces and the compact spaces must be adjacent to each other. Discussion ensued about the parking layout. Sean McCarthy stated there was nothing in the zoning ordinance about back up space required for a car, however the Planning Board usually considers nothing less than 20 feet for back up space and prefers 2 2 - 2 4 feet of back up space for a full size car. Mr. McCarthy stated that in the past, the Planning Board has decided if the applicant does not have that amount of back up space, then it compromises the required parking space and it can't count as a parking space. Timothy Judge stated if the applicant removes a parking space on the property, then the applicant would need a parking variance. Motion to open the public hearing: Moved: Koffler Seconded: Bishko Absent: Gorete-Crowe By Phone: Church Vote: 6-0 PUBLIC COMMENTS: DAVID HODGSON, 2 8 7 North Washington Street, stated this property is a large house in a row of smaller house and currently a non-conforming lot that is built from one side to another with a lot that looks completely paved. He stated that variances are to make sure there is a reasonable ratio of people in a structure. He also stated the taxes paid on these Planning Board Meeting, July 18, 2013 - APPROVED 5 �units is disproportionate. The single-family owners pay the tax burden not the owner of these rental units. There were no other public comments. Motion to close the public hearing: Moved: Koffler Absent: Gorete-Crowe Seconded: Bishko By Phone: Church Vote: 6-0 William Simeoforides stated that the majority of homes in this area are not single-family homes. The structure is an old 1890's structure and the variances they are requesting are based on the original non-conforming structure and not any additions that have been added. He stated he felt it was not out of character for that neighborhood. Sean McCarthy stated this property had received a variance when the addition was built in the 1990's. The Chair proposed to postpone this application until the next meeting so the Board can view the space, the driveway and the neighborhood. Michael Wernick asked Mr. McCarthy about the adjacent properties. Mr. McCarthy stated there is a mixture of single family and up to six-family homes on that street and there have been issues with illegal apartments at the applicant's property as well as the adjoining neighbor properties. Mr. Wernick asked if there was a density concern on this street. Mr. McCarthy replied that there is a density issue on this street. Timothy Judge asked if the building is in conformance with building codes now. Mr. McCarthy stated it is in conformance with building codes for a two-family house. Neal Rechtman stated that as the new owner he wants to do what is right with the property. He feels the character of the neighborhood would be improved with the new ownership. Michael Wernick agreed with the Chair that the Board should look at the property. Motion to adjourn the matter so the Board members can look at the physical structure and layout of the property and the neighborhood: Moved: Koffler Seconded: Bishko Vote: 6-0 Absent: Gorete-Crowe By Phone: Church Board m e m b e r Timothy Church, who was on the phone, left the meeting a t this point. Planning Board Meeting, July 18, 2013 - APPROVED 6 �4 ) Jeffrey McClung 1 1 HollandAvenue Public Hearing Sean McCarthy confirmed the returns were in. The Chair read the public notice into the record and stated the Board had received the following: • Application • Site plan dated September 25, 2 0 1 2 and February 11, 2 0 1 3 Eleni McClung, owner, represented this application. She stated the property currently has a deck with an overhang that they are looking to close in and construct a mudroom. She stated the variance is for the distance the new construction will move closer to the garage. Timothy Judge asked Mr. McCarthy if the only change is the distance between the house and the garage. Mr. McCarthy stated there is four feet outside the back door so the extra two feet added will make the space more usable. The distance is between the homeowner's garage and their house and shouldn't have any impact or negative effect on the neighbors. The Chair asked if the property was one or two lots. Ms. McClung stated it was a double lot. The Chair asked what was in the rear of the property. Ms. McClung stated the property comes down to Route 9. Sean McCarthy stated the addition wouldn't really be seen from Route 9 with the trees and the vegetation. The Chair asked if the addition was visible from the street. Mr. McCarthy stated it was not visible. Motion to open the public hearing: Moved: Koffler Seconded: Judge Absent: Gorete-Crowe, Church Vote: 5-0 PUBLIC COMMENTS: David Hodgson, 2 8 7 North Washington Street stated he approved of the project. There were no other public comments. Motion to close the public hearing: Moved: Koffler Absent: Gorete-Crowe, Church Seconded: Bishko Vote: 5-0 Timothy Judge stated the application is not changing the footprint of the property and it does not change the character of the neighborhood. Motion to approve the application: Moved: Judge Seconded: Wernick Absent: Gorete-Crowe, Church Vote: 5-0 Planning Board Meeting, July 18, 2013 - APPROVED 7 �5) Approval of Minutes June 19, 2 0 1 3 Timothy Judge asked for a minor amendment to the May 15, 2 0 1 3 minutes. Motion to approve the minutes for June 19, 2013: Moved: Koffler Absent: Gorete-Crowe, Church Motion to adjourn the meeting: Moved: Judge Absent: Gorete-Crowe, Church Seconded: Judge Vote: 5-0 Seconded: Koffler Vote: 5-0 The meeting was adjourned at 9:35pm Planning Board Meeting, July 18, 2013 - APPROVED 8 �Resolution of the Zoning Board of Appeals of the Village of Sleepy Hollow Granting Permission for Telephonic or Electronic Voting WHEREAS, the Zoning Board of Appeals (ZBA) is desirous of ensuring that all applications before it are dealt with as expeditiously and fairly as possible; and WHEREAS, there are meetings wherein fewer members than the 7 member ZBA are available to attend in person; and WHEREAS, it is necessary for an applicant to have at least 4 affirmative votes for passage of an application; NOW, THEREFORE, BE IT RESOLVED that the ZBA hereby adopts as a standing procedure that a ZBA member may participate in a discussion and/or vote of the ZBA by telephonic or electronic means. Moved: Koffler Absent: Gorete-Crowe, Church Seconded: Judge Vote: 5-0 Planning Board Meeting, July 18, 2013 - APPROVED 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-07-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/90b225d44bad04f6ba17dcdae834a402.pdf 65c6586fe8bf4384f04f2869fae7c451 PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED October 16, 2 0 1 3 Timothy Judge, Acting Chairman, called the meeting to order at 8:05pm. The Acting Chair noted that a quorum was present. Present: Timothy Judge, Acting Chairman Michael Wernick Vishal Brown Maria Gorete-Crowe Timothy Church Sherry Bishko Absent: Peter Koffler, Chairman Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Mary Gerlanc (Recording Secretary) Agenda: 1) Brant Goldsmith 2) Approval of Minutes Announcements meeting. 1) Brant Goldsmith 3 Highland Avenue New Application September 18, 2 0 1 3 Timothy Judge announced he would be Acting Chairman for this 3 Highland Avenue New Application The Acting Chair read the public notice into the record. Frank Tancredi, architect and Brant Goldsmith, owner represented this application to construct a second story addition on an existing home. The Acting Chair confirmed with Sean McCarthy that the returns were in. The Acting Chair stated the Board had received the following documents: • Set of drawings • Petition for variance under the Zoning Ordinance • Several photographs • Short Environmental Assessment Form �Frank Tancredi stated that the addition was for a new bedroom to be constructed over a single-story enclosed porch that is currently being used as an office. The footprint of the house would not change. The variances are for the setback in the rear, which is an existing porch. The second variance is a garage that is pre-existing and non-conforming and the third variance is for the FAR (Floor Area Ratio). The lot is 21,000 s.f. and the required FAR is .237. The current FAR for the house is .211 and with the addition it will be .218. The addition would not exceed the maximum FAR based on the lot size. Mr. Tancredi stated the addition would not be seen from the street. The Acting Chair asked if there were any comments from the Board. There were no comments from the Board. Motion to open the public hearing: Moved: Judge Second: Bishko Absent: Koffler Vote: 6 - 0 There were no comments from the public. Motion to close the public hearing: Moved: Judge Absent: Koffler Seconded: Bishko Vote: 6 - 0 The Acting Chair stated this addition would not change the character of the neighborhood or be a self-created hardship, since it is an existing non-conformity with the setbacks. Motion to approve the application: Moved: Wernick Seconded: Judge Absent: Koffler 2) Approval ofMinutes Vote: 6 - 0 September 18, 2 0 1 3 Motion to table the minutes of September 18, 2013 until the November 2013 meeting: Moved: Judge Absent: Koffler Motion to adjourn the meeting; Moved: Judge Absent: Koffler Seconded: Wernick Vote: 6-0 Seconded: Bishko Vote: 6-0 The meeting was adjourned at 8:15pm Planning Board Meeting, November 21, 2 0 1 3 - APPROVED 2 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-10-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ae45a044f36d3c300dc2ac2e1c64eb3f.pdf d8bbc2aaa086ac10461bb2823e03768a PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED December 18, 2 0 1 3 Timothy Judge, Acting Chairman, called the meeting to order at 8:05pm. The Acting Chair noted that a quorum was present. Present: Timothy Judge, Acting Chairman Vishal Brown Maria Gorete-Crowe Timothy Church Sherry Bishko Absent: Peter Koffler, Chairman Michael Wernick Janet Gandolfo (Village Attorney) Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Mary Gerlanc (Recording Secretary) Agenda: 1) 2) 3) 4) Joan Conners Ray Endreny Matthew Yox Approval of Minutes Announcements meeting. 1) Joan Conners 1 3 5 Beekman Avenue 127 Millard Avenue 1 6 6 Farrington Avenue New application New application New application September 18, 2 0 1 3 October 16, 2 0 1 3 Timothy Judge announced he would be Acting Chairman for this 1 3 5 Beekman Avenue New Application The Acting Chair read the public notice into the record and stated the Board had received the following documents: • Application • Fence details • Stamped drawings and a site plan Mr. McCarthy confirmed that the returns had been received. The Acting Chair stated the application seemed to be missing the Short Form EAF. �James Honda from AECOM, represented this application on behalf of Joan Connors. Mr. Honda stated the applicant would like to install a six-foot high, white privacy fence around the property. He stated that the topography of the property on one side is lower than the neighboring property and a fence of five feet high would not allow privacy. He also stated this property is a large parcel that has 14 neighboring properties and Ms. Connors is concerned with security between this property and the adjacent properties. Maria Gorete-Crowe asked if they wanted a six-foot high fence for the entire property. Mr. Honda stated they would like to have a six-foot fence on the side and rear borders but not the front yard. Mr. Honda stated the topography of the fence was restored as it was prior to remediation. They are not asking for a variance for the front yard fence. Motion to open the public hearing: Moved: Judge Seconded: Bishko Absent: Koffler, Wernick Vote: 5-0 There were no public comments. Motion to close the Public Hearing: Moved: Judge Seconded: Gorete-Crowe Absent: Koffler, Wernick Vote: 5-0 JOAN CONNORS stated that the higher fence would benefit all the neighbors because the trees and plantings that were replaced after the soil remediation are much smaller than the original plants, therefore there is a loss of privacy between the neighbors. She stated there were no neighbors to contest the variance. The Acting Chair stated he understood asking for a higher fence height along the side where there is a significant grade difference. He suggested the applicant consider staggering the fence heights on the sides where there isn't a grade difference. The Acting Chair stated the fence covers a large amount of neighboring properties and the Board is looking at what will benefit the neighbors in the future. He asked Mr. McCarthy if they could stagger fence at the north boundary and keep it at five feet high on the west side and six feet on the eastern side to account for the height difference. Ms. Connors stated that many of the people who live in the adjacent properties are renters and do not care about the height of the fence. LLOYD CONNORS stated that remediation took a lot of privacy screening away from all the properties. He stated the extra foot in fence height would give privacy and since most people are not six feet tall they would not be able to look into the property. Vishal Brown stated he is concerned about setting a precedent for six-foot height fences. Planning Board Meeting, December 19, 2 0 1 3 - APPROVED 2 �Sean McCarthy stated this was the first application asking for higher fences. The other properties involved in the remediation reinstalled an existing fence or put in a five-foot fence. Mr. McCarthy inquired about the condition where the six-foot fence abuts the properties on Kendall Avenue that have a lower fences. Mr. Honda stated in some cases it would abut an existing chain link fence on that side. There would be two fences back to back. Ms. Connors stated they accommodated access for remediation on other properties. This property is a large parcel that goes from Beekman Avenue back to the Elm Street parking lot and she is concerned with privacy and security. The Acting Chair stated that granting a variance is finding a compromise to protect the applicant and the interests of the neighbors and the Village as a whole. He stated the concern with granting a variance for a six-foot fence is that it sets a precedent for other property owners and is not in keeping with the fence height as stated in the Village Code. The Acting Chair asked what the fence height was before the remediation. Mr. Honda stated that in some cases it was a six-foot chain link fence, not a privacy fence that was removed. The Acting Chair asked if AECOM could do a rendering of what the proposed fence would look around the property. Mr. McCarthy suggested the Board consider a site inspection of the property. Mike Dougherty with AECOM stated he wasn't sure if the rendering would give the visual impact anymore than the five-foot fence. He stated there is a similar six-foot high fence on Kendall Avenue that the Board could view. The Acting Chair stated there was no short form with this application and it is required. He suggested adjourning this matter so the Board could view the property and a rendering of the fence around the property. Discussion ensued regarding the boundaries of the property and what is adjacent on each side of the property. Mr. Honda conferred with Ms. Conners regarding the Board's suggested height for the fence. The Board included the following conditions for the variance: Six foot high fence from the front line of the house along the eastern property boundary to the northeast corner, turning at the corner and continuing half-way along the northern property boundary and at the halfway point between the northwest and northeast corner the fence height would step down to five feet and then continue at five feet high onto the western property line and to the front of the house. Planning Board Meeting, December 19, 2 0 1 3 - APPROVED 2 �Motion to approve the variance with the conditions for height as stated: Moved: Judge Seconded: Bishko Vote 5-0 Absent: Koffler, Wernick The Acting Chair stated this was a reasonable compromise that meets the requirements of the applicant for privacy and also takes into account the height of the fence per the Zoning Code in relation to the neighbor's property. It will not be out of character with the neighborhood. 2) Ray Endreny 127 MillardAvenue New application The Acting Chair read the public notice into the record. He stated the Board had received the following documents: • Application • Zoning compliance & tabulation • Short form EAF • Photographs • Building permit application • Stamped drawings The Acting Chair confirmed with Sean McCarthy that the returns had been received. Amanda Linhart, architect, represented this application. Ms. Linhart stated the applicant is proposing to tear down an existing garage, which is an older, stucco structure that has deteriorated and is in disrepair. They would like to enlarge the garage to 23 x 23 feet to accommodate larger cars and pool equipment Ms. Linhart submitted letters from adjacent neighbors on two sides and behind the property. They have not raised any objections to the new garage. The new garage meets all the setback requirements. The height will not exceed 15 feet maximum and it is located more than 10 feet from the principal buildings. The existing house was renovated in 2011 and exceeded the FAR, which is why they need the variance for the garage. In addition there is a pool and patio behind the house with some hardscape and landscaping. Ms. Linhart stated the variances are for rear yard coverage on the lot, which includes the patio and the pool, and overall building coverage. Sherry Bishko asked if they are also building a new patio. Ray Endreny stated that the survey was done when they did the initial renovation, however during construction the patio was destroyed. The landscape designer rebuilt the patio and connected it to the pool area, which became part of the total building area for the lot. Ms. Linhart stated they have a new survey to show what currently exists on the property. The Acting Chair stated it is a minor change to the total FAR. Planning Board Meeting, December 19, 2 0 1 3 - APPROVED 2 �Motion to open the Public Hearing: Moved: Church Seconded: Judge Absent: Koffler, Wernick Vote: 5-0 There were no comments from the public. Motion to close the Public Hearing: Moved: Judge Seconded: Church Absent: Koffler, Wernick Vote: 5-0 Motion to approve the variance: Moved: Judge Absent: Koffler, Wernick Vote: 5-0 Seconded: Bishko The Acting Chair stated this is a very minor variance dealing with a pre-existing condition of non-conformity and is a minor change to the footprint of the garage. He stated it does not encroach on any setbacks and would not have a detrimental effect on the character of the neighborhood. 3) MatthewYox 1 6 6 Farrington Avenue New application The Acting Chair read the public notice into the record. He stated the Board had received the following documents: • Application • Zoning compliance form • Short form EAF • 2 pages of photographs • Stamped drawings The Acting Chair confirmed with Sean McCarthy that the returns were received. Frank Tancredi stated they are proposing to expand the kitchen and improve the flow of the house. They are expanding the existing family room that was renovated by prior owners. There would also be a mudroom off the rear corner of the house by the garage. The kitchen addition would extend as far as the existing deck. The west side of the house is currently non-conforming. The addition would be conforming. The current deck would be eliminated and they would build a stone terrace on grade. The second floor room off the master bedroom will be reconstructed but it is not counted in the FAR because the ceiling height is below 7-feet. Motion to open the Public Hearing: Moved: Judge Seconded: Church Absent: Koffler, Wernick Vote: 5-0 There were no comments from the public. Planning Board Meeting, December 19, 2 0 1 3 - APPROVED 2 �Motion to close the public hearing: Moved: Judge Seconded: Bishko Absent: Koffler, Wernick Vote: 5-0 The Acting Chair asked about the stairs to the basement from the mudroom. Mr. Tancredi stated the new stairs would be a safer and connect to the yard. The Acting Chair stated this was a minimal variance requested for an existing nonconformity. There would only be a slight increase in the FAR and the project is in keeping with the character of the neighborhood. Motion to approve the variance: Moved: Judge Absent: Koffler, Wernick Seconded: Church 4 ) Approval ofMinutes Vote: 5-0 September 18, 2 0 1 3 . October 16, 2 0 1 3 Motion to approve the minutes of September 18, 2013: Moved: Judge Seconded: Church Absent: Koffler, Wernick Vote: 5-0 Motion to approve the minutes of October 16, 2013 with an amendment: Moved: Judge Seconded: Church Vote: 5-0 Absent: Koffler, Wernick Motion to adjourn the meeting: Moved: Judge Absent: Koffler, Wernick Seconded: Bishko Vote: 5-0 The meeting was adjourned at 9:25pm Planning Board Meeting, December 19, 2 0 1 3 - APPROVED 2 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2013 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2013-12-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text