1 25 8 https://sleepyhollow.localarchives.org/files/original/27b074a97541d308ca7408d9bda528c0.pdf d890a414b33e47c852576ccd713cb246 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting April 18, 2018 Chairman Timothy Judge called the meeting to order at 8:05 PM. Present: Timothy Judge, Chairman Maria Gorete-Crowe Timothy Church Craig Lis Absent: Alex MacFarlane Margaret Rubick Also Present: Sean E. McCarthy (Village Architect) Agenda: 1) The Salvation of Greater New York, 86-96 Valley Street and 115 Wildey Street, Tarrytown, Proposed Church and Community Center, Variance extension- Public hearing 2) Douglas Dean, 35 Amos Street, Proposed tree house- Public hearing 3) Hall Management LLC/ Om Dhiman, 178 Beekman Avenue, Proposed religious place of worship, Variance extension- Public hearing 4) David & Rebecca Beaton, 167 Milard Avenue, Proposed detached shed- Public hearing 5) Approval of minutes- August 16,2017, September 20, 2017 1) The Salvation of Greater New York, 86-96 Vallev Street Sleepv Hollow and 115 Wildey Street Tarrytown, Proposed Church and Communitv Center, Request for variance extension- Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the returns have been received. Sean McCarthy stated that all the notices have been received. Daniel Laub, Esq. is an Associate Attorney from Cuddy & Feder, LLP and requested an extension of the existing approvals. Mr. Laub stated that no changes are being made and the reason for the extension is due to financing reasons. Chairman Judge asked if there was a timeline for the completion of the project. Mr. Laub stated that he does not have a timeline available. Chairman Judge solicited comments from the Board. �Timothy Church asked Mr. Laub to confirm the definition of a "material change in the circumstances" in relation to granting the variance extension. Mr. Laub stated that a material change in circumstances would include a complete overhaul in the neighborhood, a change in traffic patterns, or a variance request change. Timothy Church stated that he wasn't sure if the storage facility would constitute a material change and asked Sean McCarthy to confirm if they were planning on renovating the playground. Sean McCarthy stated that there are no plans to renovate Reverend Sykes Park at this point. Timothy Church asked if anything near that area had plans to be renovated. Sean McCarthy stated there are no other plans at this time. Maria Gorete-Crowe asked if they had to go before the Zoning Board of Tarrytown for any changes. Mr. Laub stated that they did go to the Planning Board of Tarrytown for extensions and that he believes the extensions were already granted this past fall. Timothy Church stated that the area is developing rapidly and that there should be no assumption that there will not be changes of material circumstance within the next year. Mr. Church stated that although there seems to be no significant changes this year, the Board will reevaluate the application every year. Mr. Laub is aware that as time moves on, changes may be required. Craig Lis asked Chairman Judge to confirm if there is a limitation on the number of extensions the Board is allowed to grant. Chairman Judge stated that there is not a limitation of extensions but that there is a time limit on the length of the extension. The extension approvals should not go on indefinitely and that it seems to prolong the progress. Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote: 4-0 Chairman Judge solicited comments fi-om the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote: 4-0 �Chairman Judge made a motion to approve the variance extension for one more year with the condition that the applicant will be required to submit a new proposal for next year based on the activity to the area. Moved: Judge Seconded: Church Vote: 4-0 Chairman Timothy Judge - yes Maria Gorete-Crowe - yes Timothy Church - yes Craig Lis - yes VOTE: 4-0 APPROVED 2) Douglas Dean, 35 Amos Street, Proposed tree house- Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the returns are back in. Sean McCarthy stated that all the receipts have been received. Christine Broda is the Architect representing the applicant Douglas Dean. Both parties addressed the Board. Christine Broda stated that the new tree house exceeds the rear yard allowable height only. The owners decided to raise the height elevation because the previous tree house was dangerous to walk underneath the low framing structure. The owners decided to raise the floor structure of the first floor level and the shape of the roof was constructed to mimic the roof of the home and to create an 8 foot ceiling height inside the tree house. Chairman Judge solicited comments from the Board. Timothy Church stated that the tree house has been there as long as he can remember and asked that Douglas Dean clarify his relationship with the owner John Fragiacomo. Douglas Dean stated that the tree house has been there since 2006 and that it was on the survey. Mr. Dean also confirmed that the owner is his father-in-law. Chairman Judge asked Sean McCarthy how the violation was noticed. Sean McCarthy stated that the Building Department received a complaint about the structure. An inspector was sent out to look and realized the structure clearly was enlarged and issued a notice of violation to the owner requesting that a permit be filed. Once the Building Department received the plans indicating the size of the structure, it was determined that it was larger in height then the Zoning Code allows. Chairman Judge asked for Sean McCarthy to confirm that the only issue is the increase in height. Sean McCarthy stated that the Code's maximum height for an accessory structure is 15 feet. Motion was made to open the public hearing. �Moved: Judge Seconded: Church Vote 4-0 Chairman Judge solicited comments from the public. Steve Garrett lives at 43 Amos Street and stated that he supports the tree house and that it is a nice addition to the neighborhood. Santiago Reeves lives at 34 Amos Street and stated that he supports the tree house. Kevin Carrigan lives at 19 Amos Street stated the tree house is a great addition for all the kids in the neighborhood. Yegor Voronin lives at from 37 Vi Amos Street and stated that he supports the tree house. Brian Downing Uvea at 16 Amos Street and stated the tree house fits well with the housing in the area. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 4-0 Chairman Judge stated that with four members present, the decision must be unanimous if a vote is taken and that it is up to the applicant as to whether or not the vote is taken at tonight's meeting. If one member decided to vote against the application, the applicant would be required to wait six months before coming back to the Board. Chairman Judge asked the applicant if he wanted to proceed this evening with the vote. Douglas Dean replied yes to proceeding with a vote. Chairman Judge stated that he was in favor of issuing the height variance and asked Sean McCarthy if there were any issues with the construction and safety of the tree house. Sean McCarthy stated that the Building Department will review the construction documents and will verify any safety issues before the permit is issued. Chairman Judge stated that it would be expected that any compliance concerns would be addressed if needed. Christine Broda confirmed that they would comply if needed and that her professional review is that the tree house is structurally sound. Motion was made to approve the variance based on the history of the existing structure and approval of the neighborhood residents. Moved: Judge Seconded: Lis Chairman Timothy Judge - yes �Maria Gorete-Crowe - yes Timothy Church - yes Craig Lis - yes VOTE: 4-0 APPROVED 3) Hall Management LLC/ Om Dhiman, 178 Beekman Avenue, Proposed religious place of worship. Variance extension- Public hearing Chairman Judge read the public notice and confirmed the submitted application documents. Om Dhiman, the owner, addressed the Board with the request to extend the temporary parking variance so that they may continue to use 178 Beekman Avenue as a temporary place of worship. Mr. Dihman stated that financial resources have delayed the construction of the new temple on the property in White Plains and that they intend to complete the construction as soon as possible. Chairman Judge solicited comments from the Board. Timothy Church asked Sean McCarthy what the prior variance was for. Sean McCarthy stated that the variance was for parking. Sean McCarthy asked if Mr. Dhiman remembered how many parking spaces was the variance granted for. Deven Sharma stated that the variance was for two additional parking spaces. Chairman Judge confirmed the application was a request from ten to twelve parking spaces. Sean McCarthy stated that there is currently no parking. Timothy Church asked why the variance is considered temporary. Sean McCarthy stated that a temporary use variance was requested because they are going to build a new building. Deven Sharma explained that the variance is requested as temporary so they may continue to use the space while they are trying to build a temple in White Plains. Maria Gorete-Crowe asked if there have been any problems recorded. Sean McCarthy stated that the Building Department had received one complaint last Friday April 13, 2018. Chairman Judge asked what the complaint was in regards to. �Sean McCarthy stated it was for overcrowding for an anticipated event on Saturday but it was not substantiated by the Building Department. Craig Lis questioned if the variance would stay with the property if a permanent variance was issued. Maria Gorete-Crowe asked if the variance stays no matter what goes in the space. Sean McCarthy stated that the variance would run with the property unless the use changes. Chairman Judge stated that it would have to remain a Place of Worship. Maria Gorete-Crowe asked if you can include guidelines in the approval. Sean McCarthy stated you may propose reasonable conditions. Chairman Judge stated that the extension is for a temporary variance so the Board would be unable to grant a permanent variance. The applicant would have to re-apply in order to get have a permanent variance issued. Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote 4-0 Chairman Judge solicited comments from the public. A resident who lives at 95 Beekman Avenue stated that he appreciates that the temple being walking distance from his home and that his daughters are able to learn about their religion. A resident who lives on South Broadway in Tarrytown stated his support for the temple. A resident who lives at 1166 Hobby Street in Pleasantville stated that he supports keeping the temple here for him and his extended family. A resident who lives on Prospect Avenue in Tarrytown stated her support for the temple. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 4-0 Chairman Judge stated that with four members present, the decision must be unanimous if a vote is taken and that it is up to the applicant as to whether or not the vote is taken at tonight's meeting. If one member decided to vote against the application, the applicant would be required to wait six months before coming back to the Board. Chairman Judge asked the applicant if he wanted to proceed this evening with the vote. Deven Sharma replied yes to proceeding with a vote as this meeting. �Motion was made to grant a one year extension for the variance. Moved: Judge Seconded: Church Chairman Timothy Judge - yes Maria Gorete-Crowe - yes Timothy Church- yes Craig Lis- yes VOTE: 4-0 Vote 4-0 APPROVED 4) David & Rebecca Beaton, 167 Milard Avenue, Proposed detached shed- Public hearing Chairman Judge read the public notice, confirmed the submitted application documents, and asked Sean McCarthy to confirm that all of the returns have been received. Sean McCarthy stated that all the receipts have been received. Amanda Linhart is an Architect and the representative for the David and Rebecca Beaton. Amanda Linhart stated that the Beaton residence is under construction and a new bedroom is taking over one of the bays in the two car garage, creating a need for storage. The two existing air conditioning condensers must be moved to a new location since windows were installed where the condensers were previously located and may not be located near windows. The generator will not be completed this year and asked if it needs to be removed from the application. Sean McCarthy stated that filing of the permit needs to be completed within the year of the issued variance. Amanda Linhart stated that one of the condensers is within the 15 foot set back. The trees along the East edge of the property will grow tall and hide the condensers and that they are planning on installing a 4'-6" fence around the condensers. Additional information was submitted to the Board on the condensers to include the noise decimal ratings. Sean McCarthy asked to clarify the height of the fence. Chairman Judge posed a suggestion of the idea of tucking the condensers under the porch. Amanda Linhart stated that she believed it could be a good idea and that she would have to look into the clearances above. Chairman Judge solicited comments from the Board. Timothy Church questioned if the variance was for the setback or just the maximum floor area. Sean McCarthy stated that it was for maximum floor area. �Timothy Church asked if the increase for additional 150 feet is the only change requested compared to what was previously granted, Sean McCarthy stated that the current house had previously received a variance. Chairman Judge stated that this variance covers the size of the shed. Sean McCarthy stated that the shed is an accessory structure and does not have to conform to the 15 foot side yard setback. Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote 4-0 Chairman Judge solicited comments from the public. Motion was made to close the public hearing. Moved: Judge Seconded: Church Vote 4-0 Chairman Judge stated he is in favor of issue of the variance and as it is keeping in character with the neighborhood. Chairman Judge stated that with four members present, the decision must be unanimous if a vote is taken and that it is up to the applicant as to whether or not the vote is taken at tonight's meeting. If one member decided to vote against the application, the applicant would be required to wait six months before coming back to the Board. Chairman Judge asked the applicant if he wanted to proceed this evening with the vote. Amanda Linhart replied yes to proceeding with a vote as this meeting. Motion was made to approve the variance. Moved: Judge Seconded: Church Chairman Timothy Judge - yes Maria Gorete-Crowe - yes Timothy Church -yes Craig Lis - yes VOTE: 4-0 APPROVED 3) Approval of Minutes- August 16,2017, September 20,2017 Approval of the Minutes for August 16, 2017 was postponed. Approval of the Minutes for September 20, 2017 was postponed. Motion was made to adjourn the meeting. Moved: Judge Seconded: Lis 8 Vote: 4-0 {ZBA 4/18/2018) �The meeting was adjourned at 9:05 pm spectfully Subm: tted, . Pamela Penge Iski Secretary to tjie Zoning Board of Appeals � 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-2018 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_2018-04-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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/d45156f47246c3a38051a52e318e96e6.pdf d23c6bc17153fb35258eee4f669bbc17 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting May 16, 2018 Chairman Timothy Judge called the meeting to order at 8:05 pm. Present: Timothy Judge, Chairman Maria Gorete-Crowe Timothy Church Craig Lis Alex MacFarlane Margaret Rubick Also Present: Sean E. McCarthy, Village Architect Agenda: 1) Brooklyn Global, LLC, 228 North Washington Street, Proposed studio event space Public hearing 2) Marc and Sabrina Eaddy, 444 Bellwood Avenue, Proposed fence - Public hearing 3) Approval of minutes - August 16, 2017, September 20, 2017, April 18, 2018 1) Brooklyn Global, LLC, 228 North Washington Street, Proposed studio event space Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all the mail receipts have been received. Sean McCarthy stated that all the receipts have been received. Sam Vieira is the Project Architect representing Diana Rubin of Brooklyn Global LLC / Riverside Studio. He stated there is no plan to expand the existing building. The building has no available property and therefore they are seeking to utilize off-street parking to accommodate an event space that will be flexible for different gatherings, similar to the VFW hall. The proposed parking requirements are based on the C-2 Zoning Code, requiring one space per 150 square feet of gathering area. Chairman Judge asked if there will be a food catering service on site. Mr. Vieira stated that the plan is to renovate the existing kitchen space to be functional and Code compliant for the capability of heating up food from an outside caterer. Mr. Vieira stated that it will not be considered a food service establishment. �Chairman Judge asked if there will be alcohol served. Mr. Vieira stated that a liquor license, if required for an event, would be carried by the outside caterer. Chairman Judge solicited comments from the Board. Gorete-Crowe asked if the existing space will be renovated to have similar events hosted by the VFW hall. Mr. Vieira provided examples of interest groups who may consider using the space for meetings and rehearsal space. Chairman Judge asked how the pickup and drop off of dance students is proposed to be handled. Mr. Vieira stated there are two existing curb cuts where parking is not allowed that would be suitable for parents to easily drop off children. Chairman Judge asked how parking would be recommended to the public for possible events. Mr. Vieira stated that a comprehensive parking study was submitted by Diane Rubin to detail the locations of off-street parking spaces and estimated times of availability. Chairman Judge asked Sean McCarthy if there were any issues for the Building Department. Sean McCarthy stated that there are no Building Department issues related to the application. Motion was made to open the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote: 6-0 Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote: 6-0 Chairman Judge stated that the proposed application is compliant with the permitted use of the required regulations for the C-2 Zoning Code. Parking has always been an issue for this location but there are many local businesses that can provide parking spots. Having this establishment up and functional again will promote business in the local area and will be an asset to the community. �Chairman Judge made a motion to approve the variances. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Maria Gorete-Crowe - yes Timothy Church - yes Craig Lis- yes Alex MacFarlane - yes Margaret Rubick - yes VOTE: 6-0 Vote: 6-0 APPROVED 2) Marc and Sabrina Eaddy, 444 Bellwood Avenue, Proposed fence - Public hearing Chairman Judge read the public notice asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all the receipts have been received. Marc Eaddy is the owner of 444 Bellwood Avenue. He stated that due to the slope of the yard, the existing 3 foot high fence is too low and will allow their two dogs and children to easily clear or climb over the fence into a busy street. Installing a 6 foot high fence will improve the safety of their dogs and children. It was also noted that the neighbors across the street have a 6 foot high fence. Chairman Judge solicited comments from the Board. Timothy Church asked Sean McCarthy if and when a variance for the neighbor across the street to install a 6 foot high fence had been approved by the Board. Sean McCarthy stated that he would have to check the records. Timothy Church questioned where the grade slopes down on the property. Marc Eaddy stated the grade slopes at the property line. Motion was made to open the public hearing. Moved: Judge Seconded: Lis Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Vote 6-0 �Moved: Judge Seconded: Lis Vote 6-0 There was a discussion as to where the fence could be located in regards to the property line setbacks and the existing trees. Alternative suggestions were made for the fence installation that would eliminate the need for a variance or provide a compromised solution. Timothy Church stated his disapproval for granting the variance request for a 6 foot high fence. Chairman Judge stated variance approvals create precedence for other applications and that the Board should remain consistent in their decisions. Motion was made to approve the variance upon the condition that they fence be installed 5 feet in from the front property line with a maximum height of 4 ^ feet. Moved: Chairman Judge Seconded: Gorete- Crowe Vote 5-1 Timothy Judge, Chairman - yes Maria Gorete-Crowe - yes Timothy Church - no Craig Lis- yes Alex MacFarlane - yes Margaret Rubick - yes VOTE: 5-1 APPROVED 3) Approval of Minutes- August 16, 2017, September 20, 2017, and April 19, 2018 Sean McCarthy stated that the August 16, 2017 minutes were previously approved. Motion was made to approve the September 20, 2017 minutes. Moved: Judge Seconded: Church Vote: 6-0 Motion was made to approve the April 19, 2018 minutes. Moved: Judge Seconded: Church Motion was made to adjourn the meeting at 9:15 pm. Respectfully Moved: JudgeSubmitted, Seconded: Lis Pamela Pengelski Secretary to the Zoning Board of Appeals Vote: 6-0 Vote: 6-0 � 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-2018 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_2018-05-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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/b4c59efb00a5407141f24d1d06888b3f.pdf a254d8111e0b7fa46459fba63f91179c PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting June 20, 2018 Chairman Timothy Judge called the meeting to order at 8:00 pm. Present: Timothy Judge, Chairman Craig Lis Alex MacFarlane Richard Hughes Absent: Timothy Church Maria Gorete-Crowe Margaret Rubick Also Present: Sean E. McCarthy, Village Architect Agenda: 1) David Hille, 127 Kelbourne Avenue, Proposed deck, fence, hot tub, trellis and patio Public hearing 2) Carolin Almonte, 43 Elm Street, Proposed third floor expansion - Public hearing 3) Toll Brothers, Inc. and LL Parcel E LLC, 199 Beekman Avenue, Proposed increased building heights - Public hearing 4) November meeting - Set date 5) Approval of minutes - May 16, 2018 1) David Hille, 127 Kelbourne Avenue Proposed deck, fence, hot tub, trellis, and patio Public hearing Chairman Judge stated there was a problem with mailing the public notice and adjourned the public hearing to the July 18, 2018 meeting. Chairman Judge stated that the Architect was present at the meeting and that the application will be re-noticed as required. Timothy Church stated that with only four members present, any decision must unanimous if a vote is taken for the application to be approved. If one member decides to vote against the application, the application will be denied and the applicant will be required to wait six months before they may reapply. It is the choice of the applicant as to whether or not a vote is taken at tonight's meeting. �2) Carolin Almonte, 43 Elm Street, Proposed third floor expansion - Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all the mailing receipts have been received. Chairman Judge reviewed and listed the documents submitted. Jorge Hernandez is the Architect representing Carolin Almonte. Mr. Hernandez stated that the applicant originally had secured a building permit to renovate a three-family residence. During the construction it was determined that a new sprinkler system would be required for the addition to the structure. Due to financial reasons, the owner/applicant is seeking to revert the structure to its original non-conforming use; a four-family structure by expanding the third floor and adding a fourth apartment in which the proposed changes necessitate two area variances; one side yard variance of 5 feet, 6 inches and two parking spots. The footprint of the house will not change. There will be a total of six parking spaces. Chairman Judge solicited comments from the Board. Alex MacFarlane questioned whether there were five of six parking spaces. Sean McCarthy stated that there are six spaces shown on the site plan. Five legal size parking spaces are being counted and the sixth parking space is a compact space. This allows the ability to park five cars and one compact car. Chairman Judge asked how many apartment units were present in the building when purchased. Mr. Hernandez stated there were originally four apartments but the fourth apartment was not code compliant. Chairman Judge asked Sean McCarthy if there are any issues with the property. Sean McCarthy stated that the property has been neglected for several years due to ownership and foreclosure proceedings. The property has been vacant for a couple of years and has become an eye sore. The Village will be happy to see the property renovated. Jorge Hernandez stated that there will be five legal sized parking spaces and three compact parking spaces. Sean McCarthy stated that they are limited to the size of the lot. The prior parking situation had tandem spaces, cars parked in the driveway, and the spaces were undersized. The plan submitted to the Board is in compliance with the parking requirements. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 �Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 Chairman Judge stated the proposed changes are a benefit and not a detriment to the community, in keeping with the character of the neighborhood, is not a self-created hardship by the applicant, and is classified under the regulations of the State Environmental Quality Review Act (SEQRA) as an unlisted action. Motion was made to approve the application. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Craig Lis- yes Alex MacFarlane - yes VOTE: 4-0 APPROVED 3) Toll Brothers, Inc. and LL Parcel E LLC, 199 Beekman Avenue, Proposed increased building height - Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all the mailing receipts have been received. Chairman Judge reviewed and listed the documents submitted. Mark Weingarten from DelBello, Donnellan Weingarten Wise and Wiederkehr, LLP is the attorney representing LL Parcel E, LLC, a subsidiary of Toll Brothers, Inc. Mr. Weingarten stated the applicant is seeking a 48 foot height variance for the Buildings E-1 and E-2 in BlockE, and fourteen (14) of the seventy-two (72) townhome units in Block-J for purpose of increased floor to floor heights and to allow the owner the option of roof top terraces or an enclosed space as the fourth story. The subject parcels are referred to as Lots 4A and 4C which are a portion of Block-E; Lots 5L and 5K which are a portion of Block-J. Mr. Weingarten summarized the history of the Village Board, Planning Board and Zoning Board of Appeals approvals received from 2011 through 2018. Andrew Tung from Divney Tung Schwalbe, LLP presented the RF District Height Zones -Plan to explain that the original right-of-way 300 foot wide reduced height zone of 42 feet on the West Parcel was originally intended to preserve the river views from restricting 65 foot high residential buildings east of the railroad tracks on the East Parcel. Since the East Parcel is now �owned by the Village and the Local Land Development Corp there are no longer plans for construction of residential buildings. Mr. Tung presented the Riverfront Development Concept Plan approved by the Village Board in 2011 to demonstrate nothing is shown on the East Parcel. Mr. Tung presented cross section drawings to illustrate the locations of building heights where the current Zoning Code allows a maximum building height of 65 foot and where the 42 foot height, and the 48 foot heights are proposed. Chairman Judge solicited comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 Chairman Judge stated his concerns about approving the variance for the additional 6 feet to a 48 foot height when the Zoning Code allows for a 65 foot height. Mr. Judge requested confirmation that all buildings proposed in Block-E and Bock-J will remain at a maximum of 48 feet in heights for consistency. James Fitzpatrick is the President of Toll Brothers, Inc and the representative of LL Parcel E, LLC stated there is no intention, and not in any of the current designs to go higher than fourstories or 48 feet in height on all buildings in Block-E and Block-J. The reason for this request was to create consistency to the balance of Block-J now permitted in the 300 foot zone. Mark Weingarten stated that the design plans have been created for all the buildings to be at 48 foot heights. If they were to propose changes at the allowable Zoning Code building height of 65 feet, the application would have to receive approval from the Village Board and Planning Board for an amended site plan, creating a control element. Chairman Judge asked Sean McCarthy if a condition could be added to the approval to commit to a maximum of 48 feet building height in those Blocks. Sean McCarthy stated that you may not add a condition that is more restrictive than Zoning Code requirement without a reason behind it. Mr. McCarthy stated that they have provided sufficient information to show they are moving forward with a building height no higher than 48 feet at both Block-F and Block-E buildings and that if they did exceed what was originally approved by both the Village Board and the Planning Board it would have to be reviewed again. The Planning Board also has jurisdiction of the Architectural Review Board. The Architecture itself has been developed to show compliance to the Design Guidelines approved by both the Village Board and the Planning Board with efforts to maintain consistency of the documents. �Chairman Judge stated that the application is consistent with the Special Use Permit granted, is keeping with the characteristics of the future neighborhood, and is not a self-created hardship by looking at what the market will bear for construction. Motion was made to approve the application. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Craig Lis- yes Alex MacFarlane - yes VOTE: 4-0 APPROVED 4) Approval of minutes, May 16, 2018 Motion was made to approve the minutes. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis- yes Alex MacFarlane - yes Richard Hughes - yes VOTE: 4-0 APPROVED 5) November Meeting- Set date Motion was made to move the meeting to Wednesday, November 14, 2018. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Craig Lis- yes Alex MacFarlane - yes VOTE: 4-0 APPROVED Motion was made to adjourn the meeting at 9:00 PM. Moved: Judge Seconded: MacFarlane Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals Vote 4-0 � 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-2018 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_2018-06-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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/01916a7f0b2c743ff4b08d085fb7e87c.pdf b078e3913b1c8dd4b2de8d8304b46a4c PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting July 18, 2018 Chairman Timothy Judge called the meeting to order at 8:10 pm. Present: Timothy Judge, Chairman Maria Gorete-Crowe Alex MacFarlane Margaret Rubick Richard Hughes Absent: Timothy Church Craig Lis Also Present: Sean E. McCarthy, Village Architect Agenda: 1) David Hille, 127 Kelbourne Avenue, Proposed deck, fence, hot tub, trellis and patio Public hearing 2) Approval of minutes - June 20, 2018 1) David Hille, 127 Kelbourne Avenue Proposed deck, fence, hot tub, trellis, and patio Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all the mailing receipts have been received. Katarzyna Arencibia is the Landscape Designer representing the applicant. Ms. Arencibia stated that the existing eight foot fence is collapsing in every direction. In 1964 a permit was issued for building the fence. The existing fence is currently set back 2 ^ to 3 feet from the property line. Ms. Arencibia speculated that the fence may have been modified due to the two foot height grade change that exists adjoining neighboring property on the East side. Ms. Arencibia submitted pictures to show the failing condition of the existing fence and the grade change height created by the railroad ties separating the neighboring Eastern property border. Ms. Arencibia stated that the neighbors have three children under the age of four years old and that keeping the higher fence will provide safety as well as privacy. Ms. Arencibia stated that the fence is not visible to the property owners to the West or the North. The neighbors from the back have not objected to the eight foot fence in the past. The fence cannot be seen from the street as it is tucked in the North Eastern corridor of the property. A discussion ensued about the existing grade change on either side of the railroad ties. �Gorete Crowe asked Sean McCarthy if there is record of an application or permit for putting up the eight foot high fence. Sean McCarthy stated there is no record of an application or permit to install the eight foot high fence. Amanda Linhart is the Architect representing the applicant. Ms. Linhart confirmed with Sean McCarthy that a permit for a 6 foot fence, set back 3 1/2 feet from the property line, was issued in 1964. It is estimated that the 8 foot fence was installed in the late nineties without approval. Chairman Judge asked what the distance of the current fence is from the property line. Amanda Linhart stated that the distances are detailed on the property survey and vary from 2 feet to 3 ^ feet. The proposal is to have a uniformed distance of 2 ^ feet around. A discussion ensued on what fencing currently exists and why the proposed 7 foot fence is necessary for safety and privacy reasons. Chairman Judge stated that the existing coverage area for an accessory structure is already significantly over the maximum permitted. Amanda Linhart stated the rear yard coverage was calculated by multiplying the 25 foot rear yard setback by the 100 foot width of the property, for a total of 2,500 square feet, of which they are permitted to have 30 percent coverage. They are proposing to increase the patio in order to have full access around the perimeter of the pool. There will be no change to the garage or the swimming pool, which are already counted in the existing coverage. Chairman Judge asked if they are proposing to redo the pool. Katarzyna Arencibia stated they are not changing the shape of the pool. Alex MacFarlane stated that it appears a hot tub is being added. Katarzyna Arencibia stated that they are proposing to replace the existing hot tub with an inground unit. Alex MacFarlane stated that the hot tub will be integrated into the existing pool therefore you are modifying the pool. David Hille stated that the hot tub was drawn in as a possibility to have a waterfall for effect but it is not a critical component to the pool and not intended to be integrated water elements. The hot tub will remain a stand-alone unit completely separate from the pool. Margaret Rubick asked Chairman Judge to clarify as to whether or not visibility from the street makes a difference if it is clearly a non-conforming structure. �A discussion ensued about existing non-conforming structures and the issuance of area, height, and use variances in accordance with the jurisdiction of the Board and the Village of Sleepy Hollow Code. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 5-0 Chairman Judge solicited comments from the public. Bob Pease lives at 115 Kelbourne Avenue and is the Eastern neighbor of the applicant. Mr. Pease stated his support of the application for a 7 foot fence and requested that it be approved for an 8 foot fence if the applicant and Board are willing to consider it. Mr. Pease stated that it is a safety issue for his young children as well as a privacy issue for the applicant. Mr. Pease agrees that there are no aesthetic issues due to its location. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 5-0 Chairman Judge stated his concerns of setting precedence for future applications. If the previous owner installed items that are not in compliance, the current owners are not absolved and may be required to bring items into compliance. A 6 foot high fence was permitted and now there is an 8 foot fence creating a significant variance of 3 feet as well as the proposed changes to the setbacks from the property line. The future of the neighborhood must be considered as the variance stays with the property and is not granted to the particular applicant. Chairman Judge solicited comments from the Board. Gorete-Crowe stated she agrees the proposed variances are significant. Alex MacFarlane stated that they are becoming a policy setting Board instead of a reinforcement Board. A discussion ensued with the Board and the applicant as to whether or not the existence of a pool creates a significant need for visual and noise privacy. The concerns of setting precedence and options for lowering the total fence height were discussed. Chairman Judge asked Sean McCarthy if a permit was filed with the Building Department for the pool and increased coverage. Sean McCarthy stated there was a plan for the pool layout for the existing permitted conditions. Chairman Judge asked Sean McCarthy if the plan permitted the 72 percent coverage. Sean McCarthy stated that they were items added after the pool but there is a plan of the pool and what was approved at the time the permit was issued. Chairman Judge asked Sean McCarthy if the six foot fence was approved with the pool. �Sean McCarthy stated that the fence was part of the pool approval and that other items were added after the pool was built. Sean McCarthy stated the Jacuzzi tub was legalized post installation. A discussion ensued on possible fence /trellis height combinations and the property setbacks in efforts to keep the variances reasonable with what is permitted by the Zoning Code regulations. Sean McCarthy stated that decisions made by the Board must be spelled in order to take the minutes, and in some cases a revised plan is submitted to detail the specifics of the decision if not clear. David Hille stated that they would like to come to a resolution tonight as they are hoping to start this work as soon as the summer season ends and complete before the winter. The Board recessed for an Executive Session as 9:30 pm. The Board resumed the meeting at 9:40 pm. Chairman Judge requested the height variances be approved for the fence installations with the following conditions. 1. Fence on Northern property border to be installed within a 3 foot setback from the property line with a maximum fence height of 6 feet. 2. Fence on the Eastern property border to be installed within a 2 ^ foot setback from the property line with a maximum fence height of 6 feet. 3. Fence on one section of the North side of the property, not to exceed 8 feet in length, with a maximum fence height of 8 feet. 4. Fence on one section of the East side of the property, not to exceed 8 feet in length, with a maximum fence height of 8 feet. Chairman Judge stated that the proposed variance for the coverage increase of 8% will not cause a significant impact on the neighborhood as is keeping with the character of the property since the change is located in the rear of the property. It is classified under the regulations of the State Environmental Quality Review Act (SEQRA) as an unlisted action. Motion was made to approve the modified application as per outlined specifications/conditions. The specifications are to be detailed in a revised plan for approval by the Building Department. The original requested variances have been lessoned. Moved: Judge Timothy Judge, Chairman - yes Richard Hughes - yes Gorete-Crowe - yes Margaret Rubick - yes Alex MacFarlane - yes VOTE: 5-0 Seconded: Gorete-Crowe APPROVED �2) Approval of minutes, June 20, 2018 Motion was made to approve the minutes. Moved: Judge Seconded: Gorete-Crowe Timothy Judge, Chairman - yes Richard Hughes - yes Gorete-Crowe - yes Margaret Rubick -yes Alex MacFarlane - yes VOTE: 5-0 APPROVED Motion was made to adjourn the meeting at 10:00 PM. Moved: Judge Seconded: Rubick Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals Vote 5-0 � 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-2018 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_2018-07-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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/77f4c324c604fbb64d61b2d24b969363.pdf 56ef44aeb862751715d16f392ed9ba57 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting September 19, 2018 Chairman Timothy Judge called the meeting to order at 8:10 pm. Present: Timothy Judge, Chairman Craig Lis Maria Gorete-Crowe Timothy Church Alex MacFarlane Margaret Rubick Richard Hughes Also Present: Sean E. McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) James and Dana McGovern, 203 Harwood Avenue, Proposed installation of central air conditioning condensers- Public hearing 2) Thomas Chang, 20 Kelbourne Avenue, Proposed one story addition, a new rear deck and a new front porch- Public hearing 3) Approval of minutes - July 18, 2018 1) Thomas Chang, 20 Kelbourne Avenue, Proposed one story addition, a new rear deck and a new front porch- Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all the mail receipts have been received. Amanda Linhart from ALL Design Architecture, PLLC is the Architect representing the applicant. Ms. Linhart presented the application to approve a variance for increased Floor Area Ratio (FAR) and reduced side yard setback of an existing non-conforming structure referring to the proposed construction drawings along with historical photos of the existing conditions. Chairman Judge solicited questions from the Board. Chairman Judge stated his approval of returning the house back to some of its original architecture. Chairman Judge stated that the only item that is visible from the street is the small stairwell and extension of the wood deck. Margaret Rubick asked if they are relocating the air conditioning condensers. �Amanda Linhart stated that they are pushing the air conditioning condensers units a couple of feet out to allow for the new bay window protrusions. There is no setback issue for the relocation. Chairman Judge asked if any changes to the existing drywells are required for the impervious surface increase. Amanda Linhart stated that they are hiring a storm water engineer to review the soil situation and believes they will be installing some new drywells. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 7-0 Chairman Judge solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 7-0 Chairman Judge solicited comments from the Board. Craig Lis recused himself from voting on the application since he is within the notice area and the applicant's neighbor. Craig Lis lives at 2 Kelbourne Avenue and stated his approval for the changes that will bring back some of the original architecture and the intent of the house. Chairman Judge stated that he would like to make a motion to approve the application requests. It is not a substantial variance. There is a slight increase in the FAR but the other variances are pre-existing conditions and non-conformities based on the lot and the existing location of the accessory structure and the existing side yards. It is classified under the regulations of the State Environmental Quality Review Act (SEQRA) as an unlisted action. It is keeping with the character of the neighborhood, and is not an unreasonable burden to the neighborhood. Motion was made to grant the variances as requested. Motion: Judge Seconded: Gorete-Crowe Timothy Judge, Chairman- yes Timothy Church- yes Richard Hughes- yes Margaret Rubick- yes Gorete-Crowe- yes Alex McFarlane- yes Craig Lis- abstained Vote: 6-0-1 APPROVED �2) James & Dana McGovern, 203 Hardwood Avenue, Install central air conditioning condensers- Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that we did receive the mailing receipts however the mailing date posted exceeded the twenty day notification period. Chairman Judge stated that a public hearing cannot be opened. Sean McCarthy agreed that the Board will not be able to hold a public hearing. Chairman Judge stated that the existing and proposed condenser locations need to be included on the drawings to detail a material change. James McGovern summarized the application to the Board including details from the denied variance and what they are currently proposing. Mr. McGovern submitted photographs of the existing conditions. Chairman Judge suggested that Sean McCarthy set up a meeting with the applicant and their neighbor to mediate and possibly resolve the situation before the next meeting. No action was taken. 3) Approval of minutes, July 18, 2018 Motion was made to approve the July 18, 2018 minutes amended as discussed. Moved: Judge Seconded: Gorete-Crowe Timothy Judge, Chairman - yes Richard Hughes - yes Gorete-Crowe - yes Margaret Rubick- yes Alex McFarlane- yes Craig Lis - abstained Timothy Church - abstained Vote: 5-0-2 Motion was made to adjourn the meeting at 8:30 PM. Moved: Judge Seconded: Lis Respectfully Submitted, PoJ^IJlJa^ PcLK^-ilJdA^ Pamela Pengelski Secretary to the Zoning Board of Appeals APPROVED Vote 7-0 � 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-2018 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_2018-09-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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/8ef4268ada5bfcffb511c9b24b8db4ab.pdf 91d8187f7b4a8143c748e6cd9d93a02a PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting October 17, 2018 Chairman Timothy Judge called the meeting to order at 8:03 pm. Present: Timothy Judge, Chairman Craig Lis Timothy Church Alex MacFarlane Margaret Rubick Richard Hughes Absent: Maria Gorete-Crowe Also Present: Sean E. McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) James and Dana McGovern, 203 Harwood Avenue, Proposed installation of central air conditioning condensers- Public hearing 2) Approval of minutes - September 19, 2018 1) James & Dana McGovern, 203 Hardwood Avenue, Install central air conditioning condensers- Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mail receipts have been received. James McGovern stated that the air conditioning condenser units were originally located one on each side of the house, one to cool the first floor and one to cool the second floor of the house. The side in question was responsible for cooling the first floor of the house. During the renovation, both units were mistakenly located to the west side of the property. Prior to the renovation work inspections, they were not aware that the unit replaced was existing nonconforming with the Village Code. The units were replaced to be more efficient. Dana McGovern stated that the objection from the 2017 meeting from Mr. Plano was quote "The issue is not that the units are not where the old unit was but because they are against the addition" Mr. McGovern stated that he received a quote for $12,000.00 from their contractor to move the condensers to the east side of the house. In order to compromise, they asked if it would be acceptable to the Plano's to move the condensers back to the original location on the west side, 1 (ZBA 10/17/2018) �near the front of the house, in lieu of moving them to the opposite side of the house. Mr. McGovern stated that he hopes that this will address the noise concern. Mr. McGovern stated that the condenser units would be visible from the east side of the house. He stated that the proposed side location allows the condenser units to be better blocked by the fence and by the houses and because they are below the wall level. Dana McGovern stated that they understand that the Plano's would like the units moved to the east side of the house. Mrs. McGovern stated that they are respectful to Mr. Plano and his family wanting to enjoy the outdoors and that they are really trying to come to an agreement. Mrs. McGovern believes that they have not made this personal but that the letter sent by the Plano's is very personal. Moving the condensers to the other side of the house would be a huge out-ofpocket cost for them and it just doesn't seem like there is any sort of compromise being considered. Chairman Judge solicited comments from the Board. Alex MacFarlane asked if the applicant got more than one quote for the relocation of the condensers to the east side of the house. James McGovern stated that they only got a quote from the contractor that originally did the renovation work at their house. Margaret Rubick asked where the condensers were located before the plans were submitted to the Building Department for the addition. Ms. Rubick asked Sean McCarthy to confirm that the original condenser locations included (1) on the east side of the house and (1) on the west side of the house. Sean McCarthy stated that the original condenser locations did include (1) unit on the east side of the house and (1) unit on the west side of the house. Margaret Rubick asked if a condenser is set next to the building, between the building and the fence line, does that change the official variance. Sean McCarthy stated yes the official variance changes. Margaret Rubick asked if the condenser on the west side of the house is code conforming. Sean McCarthy stated that the condensers on the side of the house are currently non-conforming. Margaret Rubick asked what the distance of the condenser on the west side of the house is from the property line. Sean McCarthy stated that the required set back is a minimum of 10 feet. Margaret Rubick asked Sean McCarthy to confirm that the condensers take up 3 feet which would effectively make it 7 feet. �Sean McCarthy confirmed that the drawings state that the condensers take up 3 feet. Alex McFarlane stated that the other condenser unit would have been conforming due to the 20 foot setback. Mr. McFarlane questioned if there was originally one condenser unit that was conforming and one that was non-conforming. Sean McCarthy stated that the corner lot requirement would have made the condenser unit on the west side non-conforming. Alex McFarlane asked if both units would be non-conforming if the condenser units were moved to the other side of the house. Sean McCarthy stated that if the units were left in the current locations, it would be existing nonconforming. Mr. McCarthy stated that any new condenser unit place on the Munroe side would not need a variance. Margaret Rubick clarified that moving the condenser units to the Munroe side would not require any variances. Sean McCarthy stated that she is correct. Chairman Judge questioned the compliance with the original condensers units prior to the addition as there was originally (1) condenser unit on the west side and (1) condenser unit on the east side. Sean McCarthy stated that both of the original condenser unit locations were an existing nonconforming condition. Margaret Rubick asked what made the eastern location unit non-conforming. Sean McCarthy stated that the east side requirement for a corner lot has the same front yard setback requirements as the set back on Harwood Avenue, which is 25 feet. Sean McCarthy stated that this is why the condenser on the east side would be allowed to remain in the location as an existing non-conforming condition. Mr. McCarthy stated that the small unit on the west side was still within the required 10 foot setback. Chairman Judge clarified that prior to the addition, the condenser units were both classified as existing non-conforming. Craig Lis asked if the both the condenser units were left in the old locations and replaced with new updated units, would they have been approved. Sean McCarthy stated that replacement of the same kind in the same location would be approved and that flexibility in the size is offered unless it greatly impacts the set back. Timothy Church asked how many condenser units are proposed to be added. 3 (ZBA 10/17/2018) �Sean McCarthy stated that the applicant is proposing to have two condenser units be placed on the west side and to have no condenser units on the east side. Timothy Church stated that currently both condenser units are on the west side. Sean McCarthy stated that yes both condenser units are currently on the west side; approximately where the addition was built. The applicant is proposing to move the condenser units back to where the original (1) non-conforming western condenser unit was located. Timothy Church asked if there is an issue going from one to two condensers. Sean McCarthy stated that the issue came up because (2) larger units were installed on the western side and not just the replacement of the (1) unit, of which was originally a smaller unit. James McGovern stated the reason for the replacement of the units is to provide efficient cooling of the house. Mr. McGovern stated that the old units were running at 75 decibels and the new units run at 65 decibels; although the units are larger, they are quieter. Craig Lis asked if moving the condenser units back on the west side would mean the units were moving closer to Harwood Avenue. Sean McCarthy stated that yes he is correct the units would be moving closer to Harwood Avenue and that there is a current fence and gate in which the proposed condensers would be located inside and behind. Margaret Rubick asked for a comparison of cost between the proposed relocation on the west side verses moving both units to the east side of the house. James McGovern stated that the cost is approximately $2,000.00 versus $12,200.00. Chairman Judge asked if other possible configurations were considered. James McGovern stated that based on the last statement from Mr. Plano at the previous meeting, they believe they are offering a compromising solution by moving the condenser units back to the original location. Motion was made to open the public hearing. Moved: Judge Seconded: Lis Vote 6-0 Chairman Judge solicited comments from the public. Richard Plano lives at 215 Harwood Avenue. Mr. Plano stated that he was upset that the airconditioning condensers were located towards the back of the house because it affects the use of their back terrace and their back yard. Mr. Plano stated that he is also upset that the condenser units are located on the west side of the house. Mr. Plano stated that the McGovern house sits about 5 to 6 feet lower than his house on the west side. There is an existing grade from the �McGovern house and then there is a retaining wall. Mr. Plano stated that an echo chamber is created in the area between the two houses which creates a megaphone effect. Mr. Plano stated that the proposed location for the condensers will sit at the height of the retaining wall projecting the noise of the condenser units. Mr. Plano stated that moving the condenser unit a few feet back might alleviate some of the noise but only a minimal amount. Mr. Plano believes that both the condenser units should be moved back to the Munroe Avenue side of the house which provides ample vegetation and space for the condenser units. Mr. Plano explained that the original condenser on the west side was a Mitsubishi split wall unit meant to provide air-conditioning for a few rooms and was much smaller than the unit that is there now. Mr. Plano stated that the noise barrier solution proposed by Sean McCarthy would not make a difference and also believes that the space constrictions on the McGovern's property would be an inconvenience to them. Mr. Plano stated that it is inappropriate to compare the size of the pre-existing units with the condenser units that are there now. The units that were previously installed were existing nonconforming and the reason that they didn't complain about the Mitsubishi unit in the past was because the previous owners didn't turn it on very often. Mr. Plano stated that two units at 65 decibels each would increase the noise from having one 75 decibel unit. Mr. Plano states that the shape of the land is very site specific. Mr. Plano stated that the Munroe Avenue side provides more open space, plenty of vegetation, and that there are no near neighbors. Mr. Plano stated that he is the only near neighbor effected by the condensers at the McGovern residence. Mr. Plano stated that moving the units forward would be a minor mitigation to his back yard terrace, but the sound will project in between the houses instead. Mr. Plano provided photographs to illustrate the houses being at different levels and that the space on the McGovern's property is constricted. Margaret Rubick asked what Mr. Plano is demonstrating with a picture of the McGoverns side yard. Mr. Plano stated it was to show the space constrictions of their property. Margaret Rubick asked if the retaining wall continues all the way back. Mr. Plano and Mr. McGovern agreed that it does not continue all the way to the back of the property. Richard Hughes asked Mr. Plano for the distance from his house to the property line. Mr. Plano stated that there is about 16 feet from his house to his property line. Mr. Plano stated that he has a back patio and a terrace. There is a door from the kitchen to access the back terrace. Richard Hughes asked if the noise from the air conditioning condensers hinders the usage of the terrace. Mr. Plano stated that the noise hinders the use of their terrace because they like to talk. Craig Lis asked Mr. McGovern if they have considered moving the condenser units further to the back of the house. �Mr. McGovern stated that this would not address the issue of the Plano's terrace. Moving them up will locate them to the side of the Plano's house and not next to their terrace. Timothy Church asked Mr. Plano if he is interested in a compromise measure of moving the condenser units back to their old position and putting in a noise barrier to see if that would satisfy his concerns. Mr. Plano stated it would help the terrace and use of the back yard but doesn't believe it would mitigate the sound along the side of the yard. Motion was made to adjourn but not close the public hearing. Moved: Judge Seconded: Lis Vote 6-0 Motion was made to go to into executive session at 8:35 PM. Moved: Judge Seconded: Lis Vote 6-0 Motion was made to reopen the public hearing at 9:15 PM. Moved: Judge Seconded: Church Vote 6-0 Chairman Judge asked Sean McCarthy what advise the Building Department gives to someone who is putting in air-conditioning units for the location of the condensers. Sean McCarthy stated that the condenser units need to fit within the Village Code setback requirements. Mr. McCarthy stated that it is recommended and included in the standard permit conditions that the condensers should be screened and not visible from the street. Chairman Judge asked Mr. McGovern if a variance were to be considered and granted by the Board, would the condition of significant sound proofing be acceptable and something they are willing to agree to. James McGovern stated that he would absolutely agree to the condition of sound proofing and that he would work with the Building Department on what products should be used. Chairman Judge stated that this condition is a self-created hardship. It is a non-conforming property because of its location on the corner lot. The variance requested is not a significant one as it is small in terms of its dimension into the setback. An alternative was considered and that the potential impact to the neighborhood is greater when looking at the alternative. There are no environmental impacts associated with the request. Chairman Judge made a motion to approve the variance with the conditions as follows: 1. The condenser units to be located to the original locations on the west side of the property as proposed. 2. The condenser units must be surrounded on all four sides with sound proofing of a significant height to alleviate the sound traveling towards the neighboring property. The height and the type of sound proofing materials are to be specified, approved, and inspected by the Building Department. �Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Richard Hughes - yes Margaret Rubick - yes Alex McFarlane- yes Craig Lis - yes Timothy Church - yes Vote: 6-0 APPROVED Motion was made to close the public hearing. Moved: Judge Seconded: McFarlane Vote 6-0 Chairman Judge requested that a resolution be drafted for approval at the November 14, 2018 meeting. 2) Approval of minutes, September 19, 2018 Motion was made to approve the September 19, 2018 minutes amended as discussed. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Richard Hughes - yes Margaret Rubick - yes Alex McFarlane- yes Craig Lis - yes Timothy Church - yes Vote: 6-0 Motion was made to adjourn the meeting at 9:30 PM. Moved: Judge Seconded: Rubick Respectfully Submitted, PtZkyveAzPamela Pengelski Secretary to the Zoning Board of Appeals APPROVED Vote 6-0 � 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-2018 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_2018-10-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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/b375a3eb0e10dac1512dd9633bc4ab95.pdf 74f41c2f38a166d68cc72b85f3659557 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 14, 2018 Chairman Timothy Judge called the meeting to order at 8:15 pm. Present: Timothy Judge, Chairman Craig Lis Timothy Church Maria Gorete-Crowe Richard Hughes Absent: Alex McFarlane Margaret Rubick Also Present: Sean E. McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) James and Dana McGovern, 203 Harwood Avenue, Proposed installation of central air conditioning condensers- Resolution 2) Busel, LLC, 166 Cortlandt Street, Proposed construction of a basement apartmentPublic hearing 3) Approval of minutes - October 17, 2018 1) James and Dana McGovern, 203 Harwood Avenue, Proposed installation of central air conditioning condensers- Resolution Chairman Judge read the draft resolution for the variance issued for 203 Harwood Avenue at the October 17, 2018 public hearing. Chairman Judge stated that he approves the resolution as drafted. 2) Busel, LLC, 166 Cortlandt Street, Proposed construction of a basement apartmentPublic hearing Chairman Judge read the public notice, listed the documents submitted, and asked Pamela Pengelski to confirm that all of the mail receipts have been received. Pamela Pengelski stated that all of the mail receipts have been received. Niall Cain from NcC Studio Architecture is the Architect representing the applicant. Mr. Cain stated that the application is for a proposed renovation and legalization of a basement twobedroom apartment; specifically for the required parking for that unit. �Chairman Judge asked Niall Cain if the application is for the legalization of a basement apartment. Niall Cain stated that he believes the Zoning variance terminology that they are applying for is a Special Use permit for on-street parking for the unit since it is not available on site. Chairman Judge asked if the basement apartment was ever approved for legalization. Niall Cain stated that the Zoning Code permits a multi-family mixed-use with the proposed number of units. Timothy Church stated that if they are to consider the criteria for a parking variance, one of the questions that needs to be considered is whether or not the variance requested is a self-created hardship, if and there was an existing apartment, or if they are proposing to add one now. Niall Cain stated that an apartment previously existed but that he is unaware of the history. Chairman Judge stated that the issue is whether or not the apartment was legal. Timothy Church asked if they are proposing to legalize an existing apartment or construct a new basement apartment. Gorete-Crowe asked if the apartment was ever legalized. Niall Cain stated that the apartment was dismantled because a variance was never issued for the required parking therefore it was illegal. There is no apartment there now. They are seeking approval for the variance for the parking so they may legally file to begin construction of a twobedroom apartment. Discussion ensued on the existing, proposed, and required parking spaces for six apartments. Chairman Judge asked Sean McCarthy to provide the history on the building, past variance approvals, denials; and what is currently required in order to allow a basement apartment to be constructed. Sean McCarthy stated that the applicant is seeking to create a legal basement apartment in the existing five-family residence. The building is currently comprised of five dwelling units and one takeout food establishment. Mr. McCarthy stated that a request to add a sixth apartment was denied in 1967. In order to sell the building, an inspection was completed for an Updated Certificate of Occupancy. It was discovered that subsequent to 1967, a sixth apartment had been added and that the existing conditions did not match the Building Department records. The previous owners dismantled the apartment in order to finalize the sale of the building. The applicant is seeking to re-establish the occupancy in the basement level. A multi-family, mixed use building is permitted in the C-2 zoning district. The additional apartment unit would require two additional parking spaces. The parking requirement for the overall building needs to be considered. Ten parking spaces are required for the five dwelling units and the store. If the sixth apartment is added, a total of twelve parking spaces would be required. There are currently four �on-site parking spaces. Technically the variance is for a deficit of eight parking spaces but due to the pre-existing non-conformity of other apartments, the variance sought is for two additional off-street parking spaces. Craig Lis asked if there is anything else that needs to be considered for the application other than the deficit of two parking spaces. Sean McCarthy confirmed only the parking spaces need to be considered because multi-family residences are permitted in the C-2 zoning district. Chairman Judge stated that the question is whether or not sufficient parking is available. Chairman Judge asked when the applicant stopped renting the space. Sean McCarthy stated that as a condition of the sale, the previous owners removed the apartment in order to be in compliance with the Building Department records. Gorete-Crowe stated she is concerned about the increasing the amount of cars and that there is already a shortage of parking spaces available for existing apartments. Timothy Church stated that adding a new apartment to the building is a self-created hardship and agrees that the parking in downtown Sleepy Hollow is already limited. Chairman Judge stated his hesitation for considering the addition of an apartment that was denied by the Zoning Board in 1967. Craig Lis stated that the ruling in 1967 was not based on street parking or availability of parking. Mr. Lis stated that in 1967, the request denied was for creating five parking spaces in the rear lot of the property because it was deemed impractical and dangerous. Richard Hughes stated that the total parking spaces required, including those that are existing non-conforming, is too great of a difference and that the Village is already oversaturated with cars. Motion was made to open the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 5-0 Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 5-0 Chairman Judge made a motion to deny the application due to the following reasons: 1. Precedent was ruled on the building by the ZBA stating that the addition of a sixth apartment would not be feasible as additional parking cannot be met on site. 3 (ZBA 11/14/2018) �2. It is a self-created hardship as the building was purchased knowing the apartment was denied for legalization. 3. It would cause a negative impact on the community in terms of parking. Moved: Judge Seconded: Church Timothy Judge, Chairman - yes Richard Hughes - yes Maria Gorete-Crowe- yes Craig Lis - no Timothy Church - yes Vote: 4-1 DENIED 3) Approval of minutes, October 17, 2018 Motion was made to approve the October 17, 2018 minutes. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Richard Hughes - yes Maria Gorete-Crowe - yes Craig Lis - yes Timothy Church - yes Vote: 5-0 APPROVED Motion was made to adjourn the meeting at 9:05 PM. Moved: Judge Seconded: Church Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals Vote 5-0 � 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-2018 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_2018-11-14 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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/83fd335bee2a8090b51236f271a6f09d.pdf 18665919d828b8ca3e080c45a7b42420 PDF Text Text RESOLUTION Adopted at the November 14,2018 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTIOIM: Area Variance PROPOSED: Air-conditioning condenser location LOCATION: 203 Harwood Avenue TAX MAP DESIGNATION: Section 110.19, Block 2, Lot 36 ZONING DISTRICT: R-2 WHEREAS, on or about July 26, 2018, an application was submitted by Dana McGovern (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is seeking a variance from Sections 450-80 (2) of the Zoning Code to permit the installation of central air conditioning condensers; and WHEREAS, the property is located at 203 Harwood Avenue and is situated in the R-2 zoning district, and is shown on the Town tax assessment maps as Section 110.19, Block 2, Lot 36; and WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted by the Applicant, dated July 26, 2018 a. Cover letter b. Zoning Compliance form c. Environmental Assessment Form Part-1 Project information d. Property survey 2. Photographs submitted by the Applicant of existing conditions presented at the ZBA meeting on September 19, 2018 3. Correspondence from Richard Piano, who resides at 215 Harwood Avenue, submitted on October 15, 2018 a. Letter dated October 13, 2018 b. Photographs of existing conditions c. Plot plan d. Pre-construction survey 4. Email correspondence submitted by the Applicant on October 16, 2018 WHEREAS, the ZBA held a duly noticed public hearing on October 17, 2018 to hear and consider the application; and �WHEREAS, testimony was offered by James McGovern, who resides at 203 Harwood Avenue, to explain the existing conditions, the financial costs, and site related options considered in the request for the proposed installation location of the air conditioning condensers; and WHEREAS, testimony was offered by Dana McGovern, the Applicant, who resides at 203 Harwood Avenue, to express her respect for the Piano's enjoyment of their outdoor patio and terrace and her willingness to reach a compromise; and WHEREAS, testimony was offered by Richard Piano, who resides at 215 Harwood Avenue, to express his objection to the proposed installation location of the air conditioning condensers due to noise concerns; and WHEREAS, in making its determination as to whether the applicant should be granted an area variance to the applicant, the ZBA considered the following factors: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; 3) whether the requested area variance is substantial; 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance; and NOW, THEREFORE, BE IT RESOLVED, that Zoning Board, after review of the materials submitted, public comments, including written correspondence and recommendations, has determined that in accordance with the criteria set forth in Part 617.7 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law and based upon review of the Environmental Assessment Form, all of the documents submitted to the ZBA and all other materials which were prepared and submitted, the ZBA determines the application meets the requirements for an Unlisted action under SEQRA 617.5 and therefore requires no further processing under SEQRA; and BE IT FURTHER RESOLVED, after due consideration the ZBA makes the following determination: 1. Granting of the variance is a self-created hardship as the condenser units were not installed as per the approved Building Permit dated October 2, 2014. 2. Granting of the variance is not a significant variance as the distance is small in terms of its dimension into the required setback. 3. Granting the variance will not result in an undesirable change or a detriment to the neighborhood as they will not be visible to the public from Harwood Avenue or Munroe Avenue. 4. An alternative location of the condensers on the east side of the property was considered of which would pose a greater visual and noise impact to the neighborhood. 5. Granting the variance will not have any significant environmental impacts as the decibel level of the new condensers will be lower than the original units. �BE IT FURTHER RESOLVED, that the variance requested by the applicant is granted subject to the land and will remain in effect until amended, repealed or otherwise changed, in whole or in part, by the Village of Sleepy Hollow and; BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for a variance with the following conditions: 1. Install two central air conditioning condenser units on the western property border with a seven foot setback from the property line. 2. The condenser units are to be surrounded on all fours sides with a sound proofing barrier of significant height as determined by the Sleepy Hollow Department of Architecture, Land Development and Building Compliance (the "Building Department"). The Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of the resolution. This approval shall expire (1) year after the date of this resolution if the conditions have not been completed to the satisfaction of the ZBA and the Building Department, and the Applicant has not obtained the required building permit for construction in accordance with the approved plan. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Timothy K. Judge,- ^ Date 1, undersigned QerVDeputyOerfc, do hereby oerttfyttitft the fciregoing is a true copy or an extract duly a d o f ^ by ttie B o f f d ^ T r u s t s of the \ma0e of Sleepy Hdkw, on the of A^fW-e . ^ J X , and of the whole thBwrf, and I further certify that the same was etrtnvd into the inlnutes of the meeting of said Board of Thjstees tiekt on said date. IN WITNESS W l j S W , I herwntD Mt my ^ ofWeiatatftrtilgTWQf . 20." QeXk � 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-2018 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_2018-11-14_203-Harwood-McGovern Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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