1 25 26 https://sleepyhollow.localarchives.org/files/original/1165c319bcf98ef5becaf5b87314dad5.pdf 7a6043488bb38e858b87557ebeb16771 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting January 16, 2019 Chairman Timothy Judge called the meeting to order at 8:15 pm. Present: Timothy Judge, Chairman Craig Lis Gorete Crowe Richard Hughes Margaret Rubick Absent: Timothy Church Alex McFarlane Sean E. McCarthy, Village Architect Also Present: Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) Busel, LLC, 166 Cortlandt Street, Proposed construction of a basement apartmentResolution 2) Vincent Feliciano, 26 Kendall Avenue, Legalization of 8 foot high fencing- Public hearing 3) Approval of minutes - November 14, 2018 1) Busel, LLC, 166 Cortlandt Street, Proposed construction of a basement apartmentResolution Chairman Judge read the draft resolution for the variance denied for 166 Cortlandt Street at the November 14, 2018 public hearing. There were no comments or changes requested from the Board. 2) Vincent Feliciano, 26 Kendall Avenue, Legalization of 8 foot high fencing- Public hearing Chairman Judge stated that Gorete Crowe will be recused from voting on the application because she is within the neighboring property notification area. 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 he would like to proceed. Mr. Feliciano stated that he would like to proceed this evening. Craig Lis read the public notice. �Pamela Pengelski confirmed that all of the mailing receipts have been received. Chairman Judge invited the applicant to speak before the Board. Mr. Feliciano is the applicant who resides at 26 Kendall Avenue. Mr. Feliciano stated that he is seeking a variance to keep the 8 foot high fencing in the rear yard for more privacy and aesthetics. Mr. Feliciano stated that he considers the 5 foot height to be too short considering the elevation of the property directly behind his. Mr. Feliciano stated that there originally was a wood stockade fence. After damage from a fallen branch, he decided to replace the fence with vinyl fencing for easier maintenance. Mr. Feliciano stated that after he installed the 5 foot fencing all the way around the back yard he noticed the view from his back door was of the driveway of the property directly behind him due to the elevations differences. He extended the fencing in those areas for privacy reasons. Mr. Feliciano submitted additional photographs of the existing conditions. Chairman Judge asked Mr. Feliciano to confirm that his main goal is privacy. Mr. Feliciano confirmed that he was looking for privacy but also believes that it aesthetically looks better. Chairman Judge solicited questions from the Board. Discussion ensued on the grade differences of the neighboring properties on all three sides. Chairman Judge stated that a Building Permit application was submitted by the Applicant on May 2, 2017 to replace fencing in the backyard with 5 foot high vinyl fencing. Chairman Judge stated that the Mr. Feliciano then installed the additional 3 feet of lattice fencing material without a permit. Mr. Feliciano stated that he thought he could replace what he took down and stated that he didn't know that it changed. Mr. Feliciano stated that he went along by the height of the property to the right of his. Chairman Judge stated that the condition of the Building Permit issued stated that the rear yard fence may not exceed 5 feet in height and the fence that was installed is 8 feet high. Chairman Judge confirmed that lattice is considered fencing. Upon inspection by the Building Department, a Notice of Violation was issued for non-compliance with the Building permit issued. Chairman Judge asked what the height of the existing fence was previously. Mr. Feliciano stated that the fencing he took down was stockade fencing some of which was 8 feet in height and that it was there when he purchased the property. �Chairman Judge stated that the previous conditions of the property are non-conforming. The issue that the Board faces is setting precedence by issuing a variance that carries forward with neighboring property owners. Chairman Judge asked Mr. Feliciano if he has considered other options that could provide some screening, perhaps plantings. Mr. Feliciano stated that there is not enough room in his backyard for additional plantings that would grow high because there is an existing concrete retaining wall directly behind the fence on neighboring property line. Discussion ensued on options for privacy screening in lieu of fence height. Chairman Judge read the Village Zoning Code as it relates to the fence and walls permitted on the rear and side yards of a residential property in order to confirm the definition of what is considered fencing material. Motion was made to open the public hearing. Moved: Judge Seconded: Rubick Vote 4-0 Chairman Judge solicited comments from the public. George Crowe, who resides at 28 Kendall Avenue, stated that originally the 5 foot fencing was installed on their property and had to be moved. Mr. Crowe expressed his concerns to solve all fence related problems not to avoid additional problems in the future. Motion was made to close the public hearing. Moved: Judge Seconded: Lis Vote 4-0 Chairman Judge solicited questions from the Board. There were no other questions from the Board. Chairman Judge made a motion to deny the application due to the following reasons: 1. Granting the variance will result in an undesirable change or a detriment to the neighborhood as it will it create a precedent for future applications submitted in the Village of Sleepy Hollow seeking to install fences that are not compliant with the Village Zoning Code. 2. An alternative method to achieve the benefit sought by the Applicant was not submitted or considered. 3. Granting of the variance is a significant variance as the maximum permitted height is 5 feet where the Applicant is seeking to increase the height by 3 feet. 4. Granting the variance will have an adverse impact on the physical conditions in the neighborhood due to the fence being visible to the adjacent properties. �5. Granting of the variance is a self-created hardship as the fencing was not installed as per the approved Building Permit date May 2, 2017 and it is non-compliant with the Village of Sleepy Hollow Zoning Code. Moved: Judge Seconded: Rubick Timothy Judge, Chairman - yes Richard Hughes - yes Maria Gorete-Crowe- abstained Craig Lis - yes Margaret Rubick - yes Vote: 4-0-1 DENIED 3) Approval of minutes, November 14, 2018 Motion was made to approve the November 14, 2018 minutes. Moved: Judge Seconded: Crowe Timothy Judge, Chairman - yes Richard Hughes - yes Maria Gorete-Crowe - yes Craig Lis - yes Margaret Rubick- yes Vote: 5-0 APPROVED Motion was made to adjourn the meeting at 9:05 PM. Moved: Judge Seconded: Crowe 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-2019 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_2019-01-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/f104651aa88527880c05231fab00176d.pdf 87af98008bdcc2a120dbbbb125ba6301 PDF Text Text RESOLUTION Adopted at the January 16,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Construction of a basement apartment LOCATION: 166 Cortlandt Street TAX IVIAP DESIGNATION: Section 115.11, Block 5, Lot 82 ZONING DISTRICT: C-2 WHEREAS, on or about September 28,2018, an application was submitted by Busel, LLC (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 seel<ing a variance from Sections 450-80 (2) of the Zoning Code to permit the construction of a two-bedroom basement apartment where as per Article VII, 450-41.E,: Off-street parking regulations require 12 parking spaces where 4 parking spaces exist; and WHEREAS, the property Is located at 166 Cortlandt Street and is situated in the C-2 zoning district, and is shown on the Town tax assessment maps as Section 115.11, Block 5, Lot 82; 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 September 28, 2018, including: a. Zoning Compliance form b. Environmental Assessment Form Part-1 Project information c. Deed copy dated July 17, 2018 d. Photograph of the existing exterior condition e. Property survey from Andrian S. Lalsa dated June 10, 2018 f. Construction drawing A1 from NcC Studio Architecture dated September 25, 2018 WHEREAS, the ZBA held a duly noticed public hearing on November 14, 2018 to hear and consider the application; and WHEREAS, testimony was offered by Niall Cain from NcC Studio Architecture, whose office is located at 5 Atilda Avenue, Dobbs Ferry, NY, on-behalf of the Applicant, to express that having an occupancy at this location would be more desirable than a "dead zone" storage space considering its visibility from the �street and that a variance for additional on-street parking should be granted in order for legalized construction of a basement apartment to be approved by the Building Department. 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 the variance will result in a negative impact and undesirable change or a detriment to the neighborhood because the Village is already saturated with street parking. 2. The benefit sought by the applicant cannot be achieved by an alternative method as the applicant did not submit other options to provide off-street parking. 3. Granting of the variance is a significant variance as twelve on-site parking spaces would be required and there are four on-site parking spaces provided. 4. Granting the variance will have an adverse impact on the physical conditions in the neighborhood due to the lack of current available street parking. 5. Granting of the variance is a self-created hardship as the addition of a sixth apartment was denied by the ZBA in 1967 due to on-site parking conditions and the owner purchased the property knowing the illegal apartment was removed as a condition of the sale. BE IT FURTHER RESOLVED, the Application to the ZBA is hereby denied approval for a variance. It will remain in effect until amended, repealed or otherwise changed, in whole or in part, by the Village of Sleepy Hollow. The Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of the resolution; and BE IT FURTER RESOLVED, the ZBA shall refuse to hold further hearings on that or a substantially similar application or appeal for a period of six months. If the ZBA determines from the information supplied with a request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare, the appeal or application may be reconsidered within said period. �ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Date Timothy K. 7 UrfaJtglKA^ theunderaigned iWeby c ^ f y ^ t the fbregolng te ' i ^ w o a w o r an ortracl duly adopted by the B o ^ ^ T m s t t S S t h e VHtage of ? « p y ^ • l O j a ^ and of the vwtwte t>«reof, and I W m eartify that the same mintHBOf the meeting of said Board of Trustees hdd on sstd dsCB Il« W I T N ^ WHffiEOF, I havehereuniD seuny h a ^ ^ u. L EyOwk 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-2019 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_2019-01-16_RES-166-Cortland-St Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/0f471f5c916bec57342ead451c177b32.pdf dfc582eeda3740f77fbd06a339b805db PDF Text Text RESOLUTION Adopted at the January 16, 2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Legalization of 8 foot high fencing LOCATION: 26 Kendall Avenue TAX MAP DESIGNATION: Section 115.11, Block 6, Lot 49 ZONING DISTRICT: R-5 WHEREAS, on or about December 14, 2018 an application was submitted by Vincent Feliciano (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval to legalize the construction of an 8 foot high fence (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 450-40.F, (2) of the Zoning Code to permit the legalization of 8 foot high fencing installed in the rear yard where as per Article VIII, 450-40.F. (2): Fences and walls, no wall or open or solid fence in excess of five feet in height shall be erected along the side yards and rear yards in any residential district; and WHEREAS, on May 2, 2017 an application was submitted for a building permit by the Applicant to replace existing wood fencing with 5 foot high vinyl fencing to be installed around the rear yard; and WHEREAS, on or about May 2,2017 a Building Permit #2017-0140-8 was issued by the Village of Sleepy Hollow Department of Architecture, Land Use Development, Buildings and Building Compliance (the "Building Department") to include a special condition stating the rear yard fence was not to exceed 5 feet high; and WHEREAS, on or about October 12, 2018 a final inspection was conducted by the Building Department and deemed as failed as the fencing installed exceeds the permitted 5 foot maximum height; and WHEREAS, on November 28, 2018 a Notice of Violation Order to remedy was issued for non-compliance with the Village Zoning Code and the permit approval; and WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentation to the ZBA: 1. Zoning Board of Appeals application, parts 1-4 submitted by the Applicant, dated December 14, 2018. a. Property survey from Scott. T. Chamberlain, LS, PC dated April 15,2011 �b. Photographs of the existing exterior conditions/fencing 2. Tax map copy submitted by Chairman Judge on January 16,2019 3. Additional photographs of fencing submitted by the Applicant on January 16,2019 WHEREAS, the ZBA held a duly noticed public hearing on January 16, 2019 to hear and consider the application; and WHEREAS, testimony was offered by the Applicant to state that he was not aware that he couldn't replace what was taken down and didn't think that lattice was considered fencing material. Mr. Pellclano stated that he extended the fence to the 8 foot height in order to provide privacy from the property behind him due to grade differences; and WHEREAS, testimony was offered by George Crowe, who resides at 28 Kendall Avenue, to state that originally the 5 foot fencing was Installed on their property and had to be moved. Mr. Crowe expressed his concerns to solve all fence related problems now to avoid additional problems in the future; 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 the variance will result In an undesirable change or a detriment to the neighborhood as It will it create a precedent for future applications submitted in the Village of Sleepy Hollow seeking to Install fences that are not compliant with the Village Zoning Code and where a permit has been previously issued. 2. An alternative method to achieve the benefit sought by the Applicant was not submitted or considered. 3. Granting of the variance is a significant variance as the maximum permitted height is 5 feet where the Applicant Is seeking to increase the height by 3 feet. �Granting the variance will have an adverse impact on the physical conditions in the neighborhood due to the fence being visible to the adjacent properties. 5. Granting of the variance is a self-created hardship as the fencing was not installed as per the approved Building Permit date IVlay 2,2017 and it is non-compliant with the Village of Sleepy Hollow Building Code. BE IN FURTHER RESOLVED, the Application to the ZBA is hereby denied approval for a variance. It will remain in effect unit amended, repealed or otherwise changed, whole, or in part, by the Village of Sleepy Hollow. The Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of the resolutions; and BE IT FURTER RESOLVED, the ZBA shall refuse to hold further hearings on that or a substantially similar application or appeal for a period of six months. If the ZBA determines from the information supplied with a request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare, the appeal or application may be reconsidered within said period. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Date the understgned hereby oerttfytttt the ft»rego|ij3 is •^^srjssxssx. said date. IN wnWESS WH01EOF, setmyhaodarrf 720/2-. � 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-2019 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_2019-01-16_RES-26-Kendall-Ave Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/5c07fbe6cd7c24eedb3593bd57cda089.pdf d985cfbc40d293543f4e86c89221350b PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting February 20, 2019 Chairman Timothy Judge called the meeting to order at 8:04 pm. Present: Timothy Judge, Chairman Timothy Church Alex MacFarlane Richard Hughes Margaret Rubick Absent: Craig Lis Gorete Crowe Also Present: Sean E. McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) Jared Rodriguez, 13 Kendall Avenue, Proposed second and third floor additions, dormer addition, and three story rear deck - Public healing 2) Approval of minutes - January 16,2019 1) Jared Rodriguez, 13 Kendall Avenue, Proposed second and third floor additions, dormer addition, and three story rear deck- Public hearing. Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. Jared Rodriquez stated that he is owner of 13 Kendall Avenue. Mr. Rodriquez stated that 13 Kendall Avenue was purchased as a two-family house and he currently occupies the first floor two-bedroom apartment and proposes to occupy the second and third floors by creating three bedrooms and a full size bathroom on the third floor. Mr. Rodriquez stated that they propose to move the western facade/gable end-wall out to provide egress access from the third stoiy and construct a third floor balcony with stairs to a second stoiy deck. Mr. Rodriquez stated that they intend to extend the third floor roof gable to align with the neighboring houses. Mr. Rodriquez stated that there are no current intentions for changes to the front of the house. Mr. Rodriquez stated they propose to construct the shed dormer to allow for a new bathroom on the third floor. 1 (ZBA 2 / 2 0 / 2 0 1 9 ) �Chairman Judge asked Mr. Rodriquez if they were proposing to turn the house into a one-family residence. Jared Rodriquez stated that they wish to maintain the residence as a two-family and plan to have the first floor apartment as a separate unit. Timothy Church asked if bumping out the house in the rear on the west side will encroach on the set-back requirements. Jared Rodriquez stated that the proposed addition does not encroach on the rear yard set-back requirements. The set-back issues that exist are because the house is a non-confonning structure in a historic neighborhood. Mr. Rodrigues stated that there is an existing trash shed on a slab foundation, where the new deck is proposed, that encroaches on the set-back requirement and that is existing non-conforming. Chairman Judge confirmed that the rear yard set-back requirements are not affected by the proposed plan. Alex MacFarlane asked if any of the proposed alterations add to the existing footprint of the structure. Jared Rodriquez stated that they are not expanding the footprint of the building other than squaring off the comer of the second floor. Sean McCarthy stated that there is an increase in the footprint and that the new areas do require variances. The addition on the second floor, the expansion on the third floor, the new dormer, and the new deck all encroach on the side yard set-backs and the combined side yards set-backs. Chairman Judge stated that there are no changes in the foundation footprint. The footprint will be expanded on the 2nd and 3rd story levels and out where it is proposed to be squared off. Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote 5-0 Chairman Judge solicited comments from the public. There were no comments from public. Motion was made to close the public hearing. Moved: Judge Seconded: Rubick Vote 5-0 Chairman Judge solicited additional comments from the Board. Margaret Rubick stated her concerns about the need for parking that could increase with the future rental of the first floor apartment and the increase in the number of bedrooms. Sean McCarthy stated that the parking requirements for a one or two-family homes is one space per dwelling unit. The additional parking requirements is only triggered if the home is more than 2 (ZBA 2 / 2 0 / 2 0 1 9 ) �a two-faniily residence and then the bedroom count is considered. There are no additional parking demand requirements for this property. Motion was made to approve the application and variances as requested based on the following: 1. The alleged difficulty is not a self-created hardship as the house was purchased with existing non-conformities. 2. The proposed variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as it will improve the aesthetic character of the rear of the house by aligning the rear facade with the homes north and south of the property. 3. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. The proposed variances are not substantial due to the existing non-conforming nature of the property. 5. There are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformities of the property. Motion to approve the variances as requested. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Timothy Church - yes Alex MacFarlane - yes Margaret Rubick - yes Vote: 5-0 APPROVED 2) Approval of minutes, January 16, 2019 Motion was made to approve the January 16, 2019 minutes. Moved: Judge Seconded: Hughes Timothy Judge, Chairman - yes Richard Hughes - yes Timoth Church - yes Alex MacFarlane - yes Margaret Rubick- yes Vote: 5-0 APPROVED Motion was made to adjourn the meeting at 8:30 pm. Moved: Judge Seconded: Rubick Vote 5-0 Respectfully Submitted, Pamela Pengelsla Secretary to the Zoning Board of Appeals 3 (ZBA 2 / 2 0 / 2 0 1 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-2019 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_2019-02-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/4918a9c826aff3241645b760af24b8f9.pdf 1c942af1ec4777d6757f7e655f3d9460 PDF Text Text RESOLUTION Adopted at the February 20,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Second and third floor additions, dormer addition, and a three story rear deck LOCATION: 13 Kendall Avenue TAX MAP DESIGNATION: Section 115.11, Block 1, Lot 21 ZONING DISTRICT: R-5 WHEREAS, on or about January 11, 2019, an application was submitted by Jared Rodriquez (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct a second floor addition, a three story rear deck, a third floor addition and a dormer addition (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is seeking variances from Article VI, Section 450-34.B. of the Zoning Code to add to or alter an existing non-conforming building where the existing lot size is 3,286 square feet and the minimum lot size required is 4,000 square feet, where the existing lot width is 25.0 feet and the required minimum lot width is 40 feet, where the existing front yard set-back is 11.7 feet and the required minimum front yard set-back is 20.0 feet, where the existing one side yard set-back is .09 feet and the required minimum one side yard set-back is 5.0 feet, and where the existing combined side yard set-backs are 2.7 feet and the required minimum combined side yard set-backs are 15.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-41.E of the Zoning Code for required parking spaces where no parking spaces exist and there are two parking spots required; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-40.E.(2) of the Zoning Code for an accessory structure where the distance from the accessory structure to the principle building is 6.4 feet and the required minimum distance from an accessory structure to the principle building is 10.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-36.D. (1) of the Zoning Code for floor area regulations where 2,354 square feet is proposed, where the existing floor area is 1,723 square feet, and the required maximum floor area is 1,623 square feet; and WHERAS, the Applicant is seeking variances from Article VI, Section 450-35 of the Zoning Code where the proposed one side yard set-back is .09 feet and the required minimum one side yard set-back is 5.0 feet, and where the proposed combined side yards set-back is 2.7 feet and the required minimum combined yards set-back is 15.0 feet; and Page 1 of 3 �WHEREAS, on November 6, 2018 an application was submitted for a building permit by the Applicant for interior renovations, and attic dormer and rear deck; and WHEREAS, on December 31,2018 a letter was issued by the Village of Sleepy Hollow Department of Architecture, Land Use Development, Buildings and Building Compliance (the "Building Department") to deny the application due to Chapter 450 of the Code of the Village of Sleepy Hollow; and WHEREAS, the ZBA held a duly noticed public hearing on February 20,2019 to hear and consider the application; and WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. 2. 3. 4. 5. 6. 7. Zoning Board of Appeals application submitted by the Applicant, dated January 11, 2019 Letter of denial from the Building Department dated December 31,2018 Zoning Compliance Form Environmental Assessment Form Part-1 Project information Final conditions survey from WSP Sells, dated November 12,2013 Photographs of the existing rear facade Photographs of inspiration images WHEREAS, testimony was offered by the Applicant, to state that the proposed project includes a full interior renovation of the second and third floor of an existing two-family house, an extension of the third floor room gable to align with the neighboring houses, provide increased habitable square footage on the third floor, and provide egress access from the third story with the construction of a third floor balcony with stairs to a second story deck off the kitchen; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 Page 1 of 3 �BE IT FURTHER RESOLVED, after due consideration the ZBA makes the following determination: 1. Granting of the variances will not produce and undesirable change in the character of the neighborhood or a detriment to the nearby properties as it will improve the aesthetic character of the rear of the house by aligning the rear facade with the homes north and south of the property. 2. There are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformities of the property. 3. The variances are not substantial due to the existing non-conforming nature of the property. 4. Granting of the variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The request for the variances is not a self-created hardship as the house was purchased with existing non-conformities. BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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 the variances. 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 Date ^ J ^ ^ ^ ^ ^ B o - r d o f T r u s t e e s Page 1 of 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-2019 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_2019-02-20_RES-13-Kendall-Avenue Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/783a96d18c6ea3e47e1cdee0c72c5f0c.pdf dd604fabdb6104e2bce1da2072c672b9 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting March 20, 2019 Chairman Timothy Judge called the meeting to order at 8:05 pm. Present: Timothy Judge, Chairman Timothy Church Alex MacFarlane Gorete Crowe Craig Lis Margaret Rubick Absent: Richard Hughes Also Present: Sean E. McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) Jeremy & Rebecca Zifchock, 3 Birch Close, Proposed deck addition - Public hearing 2) Joao Requeijo, 56 Depeyster Street, Legalization of deck and stone patio - Public hearing 3) Lauren Connell & Seth Markowitz, 5 Pleasant Street, Proposed second floor addition Public hearing 4) Approval of minutes - February 20, 2019 1) Jeremy & Rebecca Zifchock, 3 Birch Close, Proposed deck addition- Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. Jeremy Zifchock is the owner of 3 Birch Close. Mr. Zifchock stated that they are proposing to extend the deck area in the rear and side of the property. Mr. Zifchock is requesting a variance because the front of the house is existing non-conforming. Chairman Judge solicited questions from the Board. Sean McCarthy stated that the Board should take into consideration that the Zifchocks purchased the house a few years ago and have a taken a house in need of repairs and have brought it a long way. 1 (ZBA 3/20/2019) �Margaret Rubick stated that the variance is unavoidable. Sean McCarthy stated that the property is existing non-conforming. Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote 6-0 Chairman Judge solicited comments from the public. There were no comments from public. Motion was made to close the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 Motion was made by Chairman Judge to approve the application and the variance as requested based on the following: 1. The proposed variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as the addition of the deck will be an improvement to the property. 2. There are no other feasible methods for the applicant to pursue other than the variance requested due to the existing non-conformities in the front yard of the property. 3. The proposed variance is not substantial due to the existing non-conforming nature of the property. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship as the house was purchased with an existing non-conformity. Motion to approve the variance as requested. Moved: Judge Seconded: Church Timothy Judge, Chairman - yes Craig Lis - yes Gorete Crowe - yes Timothy Church - yes Alex MacFarlane - yes Margaret Rubick - yes Vote: 6-0 APPROVED 2) Joao Requeijo, 56 Depeyster Street, Legalization of deck and stone patio - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. 2 (ZBA 3/20/2019) �Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. William Simeoforides is the Architect representing the applicant. Mr. Simeoforides stated that a variance is required for the rear yard set-back in order to legalize the garage deck construction that connects the garage to main house. Mr. Simeoforides stated that a variance is required for the side yard set-back in order to legalize the 245 square foot patio. Margaret Rubick asked if the owner is the same from when the deck and patio were constructed. William Simeofordides stated the owner is the same. Chairman Judge asked Mr. Simeoforides to confirm that there were no approvals for the raised deck connection with storage and parking below and that it increased the footprint of the original structure. William Simeofordides stated that Chairman Judge is correct. Brigite Requeijo Frasa is the daughter of the applicant and stated that according to her father, verbal approvals were given for the garage deck connection during the construction of the garage in the early to mid-90's. Tim Church asked if the patio was constructed at the same time as the deck. Brigite Requeiso Frasa stated that the patio was constructed at the same time as the deck. Tim Church asked Sean McCarthy if complaints have been received from the neighbors. Sean McCarthy stated that the Building Department has not received any complaints on the deck or the patio. Tim Church asked why the variance issues are coming before the Board at this time. William Simeoforides stated that Planning Board approval for a two-family house was granted in 2012. The issues were discovered during a site inspection from the Building Inspector for the legalization of the basement apartment. Chairman Judge asked if there was an illegal apartment in the basement. Brigite Requeiso Frasa stated that the basement apartment was not occupied and never rented to anyone in 2012. Chairman Judge asked Mr. Simeoforides to explain the railing replacements shown on the plan. William Simeoforides stated that they propose to replace the existing railing system on the garage deck as part of the legalization and the approval of a Building Permit. 3 (ZBA 3/20/2019) �Sean McCarthy stated that the Planning Board granted site plan approval for the two-family conversion in July of 2012. Chairman Judge stated that there was a violation notice issued on a complaint received in 2011 for an illegal apartment which triggered an inspection and the discovery of the other noncompliance issues on the property involving the Zoning Code and possibly the Building Code. Chairman Judge asked Mr. Simeoforides to explain the proposed plan for the garage deck. William Simeoforides stated that they would be submitting drawings to the Building Department for approval of the garage deck framing work and to replace the railings. Revised drawings will be submitted for the basement apartment to address Sean McCarthy's comments from the 2012 permit plan review. Drawings will also be submitted to legalize the existing attic space. Timothy Church asked what structure is violating the side yard set-back. William Simeoforides stated that the patio is the structure that violates the side yard set-back. Timothy Church asked if granting the side yard set-back variance for the flat surface patio would permit the owner to put a raised structure on the property. Sean McCarthy stated that the variance is for the structure as requested. If the variance is granted for the patio, it is restricted to that structure. The applicant would be required to come back before the Board to make any changes or additions to the existing patio structure. Timothy Church asked if the Building Department received any complaints about the deck or the patio. Sean McCarthy stated that he doesn't recall any complaints being related to the patio or the deck. Chairman Judge asked Sean McCarthy if the existing garage deck and connection structure was deemed unsafe by the Building Department and required to be removed, would the applicant need to come back before the Board for additional variance approvals. Sean McCarthy stated that if the variance is granted for the existing deck, in its current location, and it is deemed to be unsafe or needs to be repaired, the applicant is permitted to make the repairs as long as the structure remains the same size. Chairman Judge asked Sean McCarthy if the space under the deck would need to meet the requirements of a garage. Sean McCarthy stated that the space under the deck would need to comply with the Building Code requirements for a garage and the fire separation regulations. William Simeofrides stated that the space is considered a storage area, not a garage space. Chairman Judge stated that the space is shown, in the photographs, functioning as a garage. 4 (ZBA 3/20/2019) �Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote 6-0 Chairman Judge solicited comments from the public. There were no comments from public. Motion was made to close the public hearing. Moved: Judge Seconded: Rubick Vote 6-0 Motion was made by Timothy Church to approve the application and variances as requested based on the following: 1. The alleged difficulties are self-created hardships but the structures have existed for a long period of time without complaints from neighboring property owners. 2. The proposed variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties 3. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. The proposed variance for the minimum rear yard set-back is not substantial considering the garage would be legal without the deck addition. 5. There are no other feasible methods for the applicant to pursue other than the variances requested to legalize the structures that were constructed without permits. Motion to approve the variances as requested, pending conditions set forth by the Building Department, to address compliance with the Building Codes and fire separation regulations related to the deck, garage, and patio structures. Moved: Church Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Gorete Crowe - yes Timothy Church - yes Alex MacFarlane - yes Margaret Rubick - yes Vote: 6-0 APPROVED 3) Lauren Connell & Seth Markowitz, 5 Pleasant Street, Proposed second floor addition Public hearing. Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. 5 (ZBA 3/20/2019) �Lauren Connell and Seth Markowitz are the owners of 5 Pleasant Street. Lauren Connell stated that the second floor addition is proposed in the rear of the house and will enclose the existing deck area and create a small office and bedroom space. Mrs. Connell stated that it is proposed with a flat roof to mirror the neighboring properties. Seth Markowitz stated that the flat roof was designed to minimize the impact on the original house structure. Chairman Judge solicited comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 Chairman Judge solicited comments from the public. There were no comments from public. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 6-0 Motion was made by Chairman Judge to approve the application and variances as requested based on the following: 1. The alleged difficulties are not a self-created hardships as the house was purchased as an existing non-conforming lot. 2. The proposed variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as the rear addition will not change the existing footprint of the house and the flat roof will mirror neighboring properties. 3. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. The proposed variances are not substantial as the side yard set-backs are existing nonconforming. 5. The benefit sought by the applicant is a feasible method to pursue the expansion of the second floor of the house while keeping the footprint the same. Motion to approve the variances as requested. Moved: Judge Seconded: Rubick Timothy Judge, Chairman - yes Craig Lis - yes Gorete Crowe - yes Timothy Church - yes Alex MacFarlane - yes Margaret Rubick - yes Vote: 6-0 APPROVED 6 (ZBA 3/20/2019) �David Pysch asked for permission to address the Board and stated that he lives 2 Highland Lane in Phillips Manor. Mr. Pysch asked the Board if an application for exterior siding replacement would require a review by the Zoning Board of Appeals. Mr. Pysch asked the Board if an application to install exterior insulation behind siding would require a review by the Zoning Board of appeals for an increase is square footage to the house. Margaret Rubick asked if the insulation would change the footprint of the house. David Pysch stated that installing insulation behind the siding would increase the footprint square footage as would the installation of a thicker siding material. Chairman Judge stated that the Board does not have the authority to change the Zoning Code. The Zoning districts are designated by the Board of Trustees and the codes related to Zoning are established by the State of New York. The purpose of the Zoning Board of Appeals is to hear and vote on an appeal when a Building Permit has been denied due to non-compliance with the Zoning Code. David Pysch stated that it would be wise for the Zoning Board to not require approval for energy efficiency improvements. Timothy Church stated that Mr. Pysch should speak to the Board of Trustees on Tuesday nights. 4) Approval of minutes - February 20, 2019. Motion was made to approve the February 20, 2019 minutes as amended. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - abstained Timothy Church - yes Alex MacFarlane - yes Gorete Crowe - yes Margaret Rubick- yes Vote: 5-0-1 APPROVED Motion was made to adjourn the meeting at 8:50 pm. Moved: Judge Seconded: Church Vote 6-0 Respectfully Submitted, PatYUlAt, PtLMXwAlAtPamela Pengelski Secretary to the Zoning Board of Appeals 7 (ZBA 3/20/2019) � 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-2019 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_2019-03-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/938366b2e48ac1ecc2ee702d8d75a80b.pdf 94efec9f2000ad53bd773c73ec90eb61 PDF Text Text RESOLUTION Adopted at the March 20,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variance PROPOSED: Deck addition LOCATION: 3 Birch Close TAX MAP DESIGNATION: Section 110.11, Block 1, Lot 26 ZONING DISTRICT: R-2A WHEREAS, on December 31, 2018 a Building Permit application was submitted by the Applicant for interior renovations and a deck addition; and WHEREAS, on January 2, 2019 a letter was issued by the Village of Sleepy Hollow Department of Architecture, Land Use Development, Buildings and Building Compliance (the "Building Department") to deny the Building Permit application due to Chapter 450 of the Code of the Village of Sleepy Hollow; and WHEREAS, on or about February 8, 2019, an application was submitted by Jeremy Zifchock (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval to construct an open deck (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 Article VI, Section 450-34.B. of the Zoning Code to add to or alter an existing non-conforming building where the existing front yard set-back is 25.0 feet and the required minimum front yard set-back is 30.0 feet; and WHEREAS, the ZBA held a duly noticed public hearing on March 20, 2019 to hear and consider the application; and WHEREAS, testimony was offered by the Applicant, to state that the proposed project includes the extension of the deck area in the rear and side of the property. A variance is requested because the front of the house is existing non-conforming; 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 February 8, 2019 2. Letter of denial from the Building Department dated January 2, 2019 3. Zoning Compliance Form signed by Jorge B. Hernandez, Architect dated February 4,2019 Page 1 of 3 �4. Environmental Assessment Form signed by Jorge B. Hernandez, Architect dated February 4, 2019 5. Construction drawings prepared and signed by Jorge B. Hernandez, Architect dated February 7, 2019 6. Survey of Property from John J. Muldoon, dated June 14, 2017 7. Property deed recorded July 1, 2016 WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 the ZBA, 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 Type II 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 will not produce and undesirable change in the character of the neighborhood or a detriment to the nearby properties as it will continue the improvements to property. 2. There are no other feasible methods for the applicant to pursue other than the variance requested due to the existing non-conformities in the front yard the property. 3. The variances are not substantial due to the existing non-conforming nature of the property. 4. Granting of the variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The request for the variance is not a self-created hardship as the house was purchased with existing non-conformities. 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Page 2 of 3 �Applicant has not obtained the required Building Permit for construction in accordance with the approved plan. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW efk/Deputy O^dohetebyrartHV taeopyofa^ the undersigned a. * certify that the same was entered Into the minutes of the meeting of said Board of Trustees held on said date. IN WITNESS WHEREOF, I have hereunto set my hand aad official seal thteffihdey of V m C U ^ r 20±±. Page 2 of 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-2019 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_2019-03-20_RES-3-Birch-Close-Zifchock Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/2f2c7fdede8e9d7f13972be5a03efee6.pdf f73c00a50a58a5b568dcfe785f50ef2c PDF Text Text RESOLUTION Adopted at the March 20,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Legalization of a garage with a roof deck and stone patio LOCATION: 56 Depeyster Street TAX MAP DESIGNATION: Section 115.11, Block 5, Lot 50 ZONING DISTRICT: R-5 WHEREAS, on or about February 11, 2019, an application was submitted by Joao Requejio (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variances approvals to legalize the construction of a garage with a roof and a stone patio (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 Article VII, Section 450-35. of the Zoning Code schedule of regulations to permit the legalization of a garage with a roof deck constructed in the rear of the building where the existing rear yard set-back is 9.24 feet and the required minimum rear yard setback is 25.00 feet; and WHEREAS, the Applicant is seeking variances from Article VII, Section 450-35. of the Zoning Code schedule of regulations to permit the legalization of a stone patio constructed on the side of the building where the existing one yard set-back is 3.00 feet and the required minimum one yard set-back is 5.00 feet, and where the existing combined side yards set-back is 14.20 feet and the required minimum combined side yards set-back is 15.00 feet; and WHEREAS, the ZBA held a duly noticed public hearing on March 20, 2019 to hear and consider the application; and WHEREAS, testimony was offered by the William Simeoforides, Architect to state that a variance is required for the rear yard set-back in order to legalize the garage with a roof deck construction that connects the existing garage to the main house, and a variance is required for the side yard set-backs in order to legalize the 245 square foot stone patio; and WHEREAS, testimony was offered by Brigite Requeijo Frasa to state that the patio was constructed at the same time as the garage-deck structure in the early to mid-90's; and Page 1 of 3 �WHEREAS, the ZBA 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 February 11,2019 2. Zoning Compliance Form, signed by William Simeoforides, AIA, dated January 30, 2019 3. Environmental Assessment Form Part-1 Project information, signed by Marilia R. Fraga, dated February 11, 2019 4. Property survey prepared by Rowan Land Surveying, PLLC, dated July 16,2018 5. Photographs of the existing conditions 6. Site Plan and exterior elevations drawings, prepared and signed by William Simeoforides, Architect, dated January 30, 2019 WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 a Type II 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. There are no other feasible methods for the applicant to pursue other than the variances to legalize the structures that were constructed without building permits. 3. Granting of the variance for the rear yard set-back is not substantial considering the garage is legal without the deck addition. 4. Granting of the variances will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood. 5. The alleged difficulties are self-created hardships but the structures have existed for a long period of time without complaints from neighboring property owners. Page 2 of 3 �BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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 the variances with the following conditions set forth by the Sleepy Hollow Department of Architecture, Land Use Development, Building and Building Compliance (the "Building Department"): 1. Submit a completed Building Permit Application and construction drawings to the Building Department to legalize the garage-deck structure, the space under the deck, and the stone patio in compliance with the Building Code requirements and fire separation regulations. 2. Submit a completed Building Permit Application and construction drawings to the Building Department to legalize the existing attic space. 3. Submit revised construction drawings to address comments from the Building Department to legalize the basement apartment as per Planning Board approval for a two-family house granted in 2012. BE IT FURTHER RESOLVED, the Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Date tne unoersigoeo lerfeJOe^ OgrtOdo hereby certify that the foregoing ft. i taje copy clanaetract duly adopted by the BoardLof rustees-pf the village of Steepy Hottow, on the ^gjtfay .f m q j r < J r \ . 20 H . and of the whote thereof, nd I further certify that the same was entered into the Minutes of the meeting of said Board of Trustees hek) on aid date. IN WITNESS official sea! Page 2 of 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-2019 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_2019-03-20_RES-56-Depeyster-Street-Requeijio Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/063a0dc70102774684bb925458c4b0fa.pdf 5ef6985a16a07a6a26ab4c1015881ad1 PDF Text Text RESOLUTION Adopted at the March 20,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Second floor addition, legalization of a detached shed and an open deck LOCATION: 5 Pleasant Street TAX MAP DESIGNATION: Section 115.11, Block 2, Lot 10 ZONING DISTRICT: R-5 WHEREAS, on or about February 15, 2019, an application was submitted by Lauren Connell (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct a second floor addition, legalize a detached shed, and legalize an open deck (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is seeking variances from Article VI, Section 450-34.B. of the Zoning Code to add to or alter an existing non-conforming building where the existing lot size is 3,000 square feet and the minimum lot size required is 4,000 square feet, where the existing lot width is 30.0 feet and the required minimum lot width is 40.0 feet, where the existing front yard set-back is 5.0 feet and the required minimum front yard set-back is 20.0 feet, where the existing one side yard set-back is 1.9 feet and the required minimum one side yard set-back is 5.0 feet, and where the existing combined side yard set-backs are 11.2 feet and the required minimum combined side yard set-backs are 15.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code where the proposed one side yard set-back is 1.9 feet and the required minimum one side yard set-back is 5.0 feet and where the proposed combined side yards set-back is 5.9 feet and the required minimum combined yards set-back is 15.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-40.E. of the Zoning Code for location of accessory uses in residence districts where the proposed rear yard set-back is 0.5 feet and the required minimum rear yard set-back is 3.0 feet; and WHEREAS, the ZBA held a duly noticed public hearing on March 20, 2019 to hear and consider the application; and WHEREAS, testimony was offered by the Applicant, to state that the proposed project includes an extension of the second story at the rear of the house that will enclose the existing deck area to create a small office and second bedroom. A flat roof is proposed to mirror the neighboring properties and to minimize the impact on the original house structure; and Page 1 of 3 �WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. 2. 3. 4. 5. 6. Zoning Board of Appeals application submitted by the Applicant, dated January 15,2019 Zoning Compliance Form Construction drawings from Collingham Architecture dated February 15,2019 Property deed dated February 22,2018 Survey from Gabriel E. Senor, P.C. Engineer & Surveyor dated December 18, 2018 Photographs of the existing building exterior WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 the ZBA, 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 Type II 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 variances will not produce and undesirable change in the character of the neighborhood or a detriment to the nearby properties as the addition will not change the existing footprint of the house and the flat roof will mirror similar additions in the neighborhood. 2. The benefit sought by the applicant is most feasible method to pursue the expansion of the second floor of the house while keeping the footprint the same. 3. The variances are not substantial as the side yard set-backs are existing non-conforming. 4. Granting of the variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The request for the variances is not a self-created hardship as the property and the house was purchased as existing non-conforming. BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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; Page 2 of 3 �BE IT FURTHER RESOLVED, the Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 'CCi . the undersigned hereby certify that the foregoing is «tnie copy of en extract duly adopted by the Board,of certify that the minutes of the meeting of said Board of Trustees held on said date. IN WITNESS WHEREOF, I have hereunto set my hand apd official sea) tNaSSvdav of Vy.cu-* 20 M . Page 2 of 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-2019 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_2019-03-20_RES-5-Pleasant-Street-Markowtiz-Connell-Residence Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/5fb732106b3c20583945db919df34f87.pdf 650830b0f9b10f115efe80b6c8c60470 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting April 17, 2019 Chairman Timothy Judge called the meeting to order at 8:10 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Margaret Rubick Absent: Gorete Crowe Timothy Church Alex MacFarlane Pamela Pengelski, Secretary to the Zoning Board of Appeals Also Present: Sean E. McCarthy, Village Architect Agenda: 1) Om Dhiman, Hall Management LLC, 178 Beekman Avenue, Religious place of worship, request for variance extension - Public hearing 2) Approval of minutes - March 20, 2019 1) Om Dhiman, Hall Management LLC, 178 Beekman Avenue, Religious place of worship, request for variance extension- Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. Deven Sharma is the Architect representing the applicant. Mr. Sharma stated that the building is existing non-compliant with the Zoning Code off-street parking requirements. The only way the building would be compliant with the Zoning Code would be to keep the building empty. Mr. Sharma stated that the Zoning Board and Planning Board granted a temporary variance and temporary site plan approvals for the use of first floor in anticipation that the applicant was going to build a new temple in another location outside of Sleepy Hollow. Mr. Sharma requested that the Zoning Board grant the variance with a permanent status for the off-street parking requirements. Chairman Judge stated that the applicant originally requested a temporary variance because of plans for relocation to White Plains. The temporary variance was granted and continued based on 1 (ZBA 4/17/2019) �the request stated in the application. The application needs to request for a permanent variance in order for the Board to vote on the approval. Sean McCarthy stated that Chairman Judge is correct and that variances are ordinarily granted a permanent status unless there are conditions or use changes. The applicant was originally granted a temporary variance of 18 months as a condition of the approval. The applicant has not requested a permanent variance. Chairman Judge asked if the public notice allows for a request for a permanent variance to be considered by the Board. Sean McCarthy stated that the notice reflects a request to extend the previously approved conditional temporary variance. Craig Lis asked if the Board has the ability to adjust the temporary time frame for longer than a year. Sean McCarthy stated that there are no restrictions to limit the Board from adjusting the time frame granted for the temporary variance from the standard one year time frame. Om Dhiman is the owner of 178 Beekman Avenue. Mr. Dhiman stated that they use the space as a place of worship for two days per week for only two to three hours for prayer and food. Mr. Dhiman stated that they also collect food and toys for the homeless. Chairman Judge solicited comments from the Board. There were no comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: Lis Vote 4-0 Chairman Judge solicited comments from the public. Dr. Bhagwati Mistry is a resident of Tarrytown for 38 years and is pleased to have a house of worship for the Hindu faith so close and supports the request to continue using the space at 178 Beekman Avenue as a temple. Dr. Suresh Khanna is a resident of Elmsford and works with Open Door and Phelps hospital. Dr. Khanna stated that they are a peaceful society who only meet a few days a week and supports the opportunity to continue a place of worship in the community. Vivek Gupta resides at 95 Beekman Avenue and stated that the temple has been great for him and his family, including two young daughters. Mr. Gupta stated that the temple supports the community as a whole by providing events and services to help the homeless. 2 (ZBA 4/17/2019) �Dr. Balram Advani is a new resident of Tarrytown and stated that he was pleased and surprised to find a temple so close to his home. He stated that he supports the temple as it provides a great source for gatherings for all of Westchester County. Mr. Nick Panwar is a past employee and a resident of Tarrytown. Mr. Panwar stated that he is now retired and spends a lot of time at the temple. Mr. Panwar stated that it is a good place to meet people and learn the Hindu culture. Motion was made to close the public hearing. Moved: Judge Seconded: Rubick Vote 4-0 Chairman Judge stated that the place of worship is not a burden on the community. Chairman Judge asked Sean McCarthy if there have been any complaints from the public. Sean McCarthy stated that there have been inquiries but no formal complaints from the public in regards to the temple. Motion was made by Chairman Judge to approve the variance as requested based on the following: 1. Extension of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as it will continue its operations as a place of worship. 2. There are no other feasible methods for the applicant to pursue other than the variance requested due to the existing non-conformity of required off-street parking spaces. 3. The proposed variance is not substantial as the off-street parking spaces will only be utilized two days a week for two to three hours. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship as the only way for people to come to the temple is to utilize off-street parking spaces during gatherings. Motion to grant the variance extension for a period of five years. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Margaret Rubick - yes Vote: 4-0 APPROVED 2) Approval of minutes - March 20, 2019 Motion was made to table the March 20, 2019 minutes to the next meeting. 3 (ZBA 4/17/2019) �Motion was made to adjourn the meeting at 8:37 pm. Moved: Judge Seconded: Rubick Vote 4-0 Respectfully Submitted, PaJvLoAz- Poju^oAiAtPamela Pengelski Secretary to the Zoning Board of Appeals 4 (ZBA 4/17/2019) � 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-2019 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_2019-04-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/3796a729938f1f4593b1dfd56e39ad35.pdf 4ac85bd25fe51d6335b39864e41fb160 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting July 17, 2019 Chairman Timothy Judge called the meeting to order at 8:00 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Alex MacFarlane Absent: Gorete Crowe Timothy Church Margaret Rubick Sean McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board Agenda: 1) David Pysh, 2 Highland Avenue Extension, Alterations - Public hearing 2) Approval of minutes - March 20, 2019, April 17, 2019 1) David Pysh, 2 Highland Avenue Extension, Alterations - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant and stated that the mailing receipts have been received. Mark Rubeo is an attorney from Reisman, Rubeo, & Altman, LLC and representing the applicant. Mr. Rubeo stated that the Zoning Board approved variances of the same nature two years ago. Mr. Rubeo stated that the applicant is seeking variances due to the existing front yard set-back of the garage. The applicant proposes to remove and replace the existing insulation and siding on the main house and the garage. The applicant proposes to remove and replace the existing roof and roof framing. The proposed increased height of the roof line will be architecturally and visually symmetrical to the home. The overall footprint of the home will be increased by less than one half of one percent, .42 percent. The height of the roof will be increased due to the insulation materials proposed for the installation and the information has been provided to the Village of Sleepy Hollow Building Department. The proposed application will not create any additional living space. There is no interior work proposed. The variances are not substantial. The set-back non-conformity is being increased by about six inches around the house. The eave extension will increase by about one inch, an allowable tolerance permitted by the Village of Sleepy Hollow. The proposed application will not change the character of the neighborhood as all the neighboring homes project into the front yard set-backs, and the increase height of the garage roof would not obstruct views of the neighboring properties. There will no adverse impact on the environment as the proposed materials will result in increased energy savings. 12 (ZBA 4/17/2019) �Chairman Judge solicited comments from the Board. Craig Lis asked for an explanation of the photographs submitted with the application. David Pysh stated that the yellow lines represent the existing roof lines, the blue lines represent the proposed roof lines, and the red lines are drawn to estimate the height of adjacent property roofs. Mr. Pysh stated that they have also pegged stakes in sides of the existing eaves to indicate the proposed roof heights. Alex MacFarlane asked what the R-value of the proposed insulation will be. David Pysh stated that he believes the proposed two layers of insulation would have an R-30 value but that he needs to confirm since he did not include it in his drawings. Discussion ensued on the R-values listed on the drawings provided by the applicant. Motion was made to open the public hearing. Moved: Judge Seconded: Lis Vote 4-0 Chairman Judge solicited comments from the public. Jane Tucker lives at 269 Millard Avenue. Ms. Tucker stated that the proposed roof line will not be disruptive to her home and that she supports the proposed application. There were no other comments from the public. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 Chairman Judge stated that he lives within the 200 foot notification area of the applicant but has chosen to vote on this application since there are only four members present to avoid the application being adjourned to the next meeting. Chairman Judge stated that if a vote is taken for approval, it must be unanimous by all four members otherwise the application will be denied. The applicant would be required to wait six months before the application could be resubmitted. If the applicant chooses for the Board not to vote tonight, the application would be continued to the September meeting since there is no meeting in August. Chairman Judge asked the applicant if they request to move forward with a vote at this meeting. David Pysh stated that he chooses to have a vote taken at this meeting. Motion was made by Chairman Judge to approve the variances as requested based on the following: 1. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. There are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformity of the property. 2 (ZBA 7/17/2019) �3. The proposed variances are not substantial as the proposed changes are within inches of the requirements. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Motion to grant the area variances as requested. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Vote: 4-0 APPROVED Chairman Judge stated that the variances have been approved and that a resolution will be drafted, signed, and provided to the applicant. 2) Approval of minutes - March 20, 2019, April 17, 2019 Motion was made to table the March 20, 2019 and the April 17, 2019 minutes to the next meeting. Motion was made to adjourn the meeting at 8:30 pm. Moved: Judge Seconded: Vote 4-0 Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals 7 (ZBA 4/17/2019) � 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-2019 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_2019-07-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/b1c2cb25155621c77d64f1b58d0544cd.pdf 2e25e8f134eed93b44ba844a84253ead PDF Text Text RESOLUTION Adopted at the July 17,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Alterations LOCATION: 2 Highland Avenue Extension TAX MAP DESIGNATION: Section 110.19, Block 3, Lot 82 ZONING DISTRICT: R-2 WHEREAS, on or about February 12,2019, an application was submitted by David Pysh (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals for roof alterations (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 Article V, Section 450-34.B of the Zoning Code, applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum front yard set-back is 30.0 feet and the existing front set-back is 17.3 feet; and WHEREAS, the Applicant is seeking variances from Article VII, Section 450-35. of the Zoning Code, schedule of regulations, to permit roof line alterations to the garage and main house where the required minimum front yard set-back is 30.0 feet, the existing front set-back is 17.3 feet and the proposed front yard set-back is 16.8 feet; and WHEREAS, the Applicant is seeking variances from Article VI, 450-40.B. (5) of Zoning Code, coverage and open space, to permit roof line alterations to the garage and main house where the maximum allowable eave projection is 1.5 feet, the existing eave projection is 0.0 feet, and the proposed eave projection is 1.6 feet. WHEREAS, the ZBA 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 7, 2019 2. Zoning Compliance Form, signed by the Applicant, dated June 7, 2019 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated June 11, 2019 4. Property survey prepared by Aristotle Bournazos, P.C., dated January 29, 2016 5. Photographs of the existing conditions with graphic depictions of the existing and proposed ridge heights 6. Deed, dated August 5, 2005 Page 1 of 3 �7. Construction drawings prepared, stamped and signed by the Applicant, dated June 11,2019 WHEREAS, the ZBA held a duly noticed public hearing on July 17, 2019 to hear and consider the application; and WHEREAS, testimony was offered by Mark Rubeo from Reisman, Rubeo & Altman, LLC to present the Application on behalf of the Applicant; and WHEREAS, testimony was offered by the Jane Tucker, the owner of 269 Millard Avenue, to state that the proposed roof line alterations will not be disruptive to her home and that she supports the propose application; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 a Type II 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties because neighboring properties include existing front yard set-back non-conformities. 2. There are no other feasible methods for the applicant to pursue other than the variances due to the existing non-conformity of the property. 3. Granting of the variances is not substantial for the front yard set-back increase of (+/-) of six inches, the eave projection increase of one inch, and the increase to the overall footprint of .42 percent. 4. Granting of the variances will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood due to the energy efficiency of the proposed insulation and siding materials. 5. The alleged difficu Ity is not a self-created hardship due to the existing non-conformities of the property. Page 2 of 3 �BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Page 2 of 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-2019 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_2019-07-17_RES-2-Highland-Avenue-Extension Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/4247c95faa396fcde91530489b96edb1.pdf a253115d3d4c0b233a6e85e5372aa26f PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting September 18, 2019 Chairman Timothy Judge called the meeting to order at 8:04 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Alex MacFarlane Gorete Crowe Timothy Church Margaret Rubick Also Present: Sean McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board Agenda: 1) Sean & Susan Treacy, 229 Webber Avenue, Proposed front porch addition - Public hearing 2) Brian & Brittany Johnson, 86 Howard Street, Proposed deck addition - Public hearing 3) James O'Connell, 130 New Broadway, Proposed dormer addition and alterations -Public hearing 4) KTM Architect, 180 Bedford Road, Proposed addition and alterations - Public hearing 5) 120 Spring Street LLC, 37 Hudson Terrace, Proposed addition and alterations - Public hearing 6) Approval of minutes - March 20, 2019, April 17, 2019, July 17, 2019 Chairman Judge read the agenda to clarify revisions dated 9-18-19. 1) Sean & Susan Treacy, 229 Webber Avenue, Proposed front porch addition - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. Sean Treacy is the owner of 229 Webber Avenue. Mr. Treacy stated that they propose to replace the existing failing concrete pad located in the front of the house and construct a new portico with the same dimensions but eliminating the full length roof. Mr. Treacy stated that the 1 (ZBA 9/18/2019) �proposed renovations will improve the appearance of the house. Mr. Treacy stated that he is concerned that the existing structure may soon fall apart. Chairman Judge solicited comments from the Board. Margaret Rubick stated that the variance for the front yard set-back decreases as the proposed construction increases the distance to the front yard property line. Sean Treacy stated that they plan to construct the porch structure a little further back into the setback area. Edmond Gemmola is the Architect representing the applicant. Mr. Gemmola presented the existing survey, the proposed site plan, and elevations to show where the porch and steps are proposed for construction. Sean Teacy stated that they will be using the same Trex materials the contractor used for the rear deck construction and stated that Sean McCarthy could attest to the quality of the work that has been completed. Sean McCarthy stated that all new construction work has been completed nicely. Chairman Judge stated that the Board addresses the non-conformities of the set-backs and that the applicant is clear in their efforts to address the issue by moving the structure further back. 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: Rubick Vote 7-0 Sean McCarthy stated that this house is very similar to many of the homes on Webber Avenue in that the front yards encroach into the required set-back. Sean Treacy stated that the house was built in 1883, way before the Zoning Codes were adopted. Sean McCarthy stated that this house is the last house on that block and if there was a house on the other side, the average set-back would be used and would not require a variance. Motion was made by Chairman Judge to approve the variances as requested based on the following: 2 (ZBA 9/18/2019) �1. Granting of the area variances will not produce an undesirable change or a detriment to the nearby properties and are keeping in the character of the neighborhood providing a benefit to the applicant. 2. The proposed variances are not substantial as the proposed changes are existing nonconformities and the proposed construction will slightly increase the front yard set-back. 3. The benefit sought by the Appliance is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing nonconformity of the property. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Motion to grant the area variances as requested. Moved: Judge Seconded: Rubick Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 2) Brian & Brittany Johnston, 86 Howard Street, Proposed deck addition - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. William Simeoforides is an Architect representing the Applicant. Mr. Simeoforides stated that the applicant proposes to demolish the existing rear covered porch and construct a screened-in porch and an 18 x 12 foot rear deck addition. The variances requested are required due to the existing non-conforming undersized lot size. Mr. Simeofordes stated that the proposed application is not self-created, will be in character with the neighborhood, not a detriment to the environment, and there is no other location to place the deck. Craig Lis asked what property is located behind the applicants' property. William Simeoforides stated that the applicant's property is located behind the old General Motors property. 3 (ZBA 9/18/2019) �Sean McCarthy stated that the property located behind 86 Howard Street is the East Parcel property development. Chairman Judge stated that the proposed construction is not visible from the street. Sean McCarthy stated that the application does not increase the degree of the existing nonconformities. Chairman Judge asked if the foot print of the house is changing. Sean McCarthy stated that the proposed application will not change the footprint of the house. Chairman Judge solicited comments from the Board. There were no comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: Lis 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: Church Vote 7-0 Motion was made by Chairman Judge to approve the variances as requested based on the following: 1. The proposed variances are not substantial as the proposed changes will not alter the existing non-conformities. 2. Granting of the area variances will not produce an undesirable change or a detriment to the nearby properties and are keeping in the character of the neighborhood providing a benefit to the applicant. 3. The benefit sought by the applicant is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing nonconformity of the property. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Motion to grant the area variances as requested. Moved: Rubick Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes 4 (ZBA 9/18/2019) �Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 3) James O'Connell, 130 New Broadway, Proposed door addition and alterations - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. Chairman Judge read the letter received from Walter Ceconi, owner of 120 New Broadway, on September 18, 2019 which stated the following: To: The Members of Village of Sleepy Hollow Zoning Board Dear Board, My wife and I, Walter and Barbra Ceconi, are 100% behind Mr. James request for a variance. O'Connell's I have lived next door to Mr. O'Connell's property for 85 years and feel this addition will enhance the house and is definitely needed. Not only will the new roof be in line with a newer roof added by the former owners, but will also give them headroom in the bedrooms where it is sorely lacking Hopefully, their request will be granted. Chairman Judge solicited comments from the Board. Margaret Rubick stated that there is no change to the existing non-conforming variance. There were no additional comments from the Board. 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. 5 (ZBA 9/18/2019) �Motion was made to close the public hearing. Moved: Judge Seconded: Crowe Vote 7-0 Motion was made by Chairman Judge to approve the variances as requested based on the following: 1. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties and the neighbor next door is in favor of granting approval. 2. The benefit sought by the applicant is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing nonconformity of the property. 3. The proposed variances are not substantial as the proposed changes are a continuance of the existing non-conformities. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Motion to grant the area variances as requested. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 4) KTM Architect, 180 Bedford Road, Proposed addition & alterations - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. Kimberly Martelli is the Principle of KTM Architects representing the applicant. Ms. Martelli stated that the accessory carriage house structure is owned by a principle resident. The structure was constructed in the mid 1990's and received a variance from the Town of Mount Pleasant for a front yard set-back. Ms. Martelli stated that the proposed additions and alterations require variance approvals from the Village for existing non-conformities of the front yard set-back and permitted height of an accessory structure. The application proposes to maintain the original 6 (ZBA 9/18/2019) �structure by lifting and stabilizing the building and then constructing a level below it. The building will be elevated by approximately 9 feet. The existing structure is a single story with a second story above. It is proposed to open up the second story to a double height volume to accommodate for construction of a recreation facility for the residents. Ms. Martelli presented the existing and proposed elevations to show where the additions will be constructed to add an additional 8.95 feet in height to the existing non-conforming structure. Ms. Martelli stated that although the building exceeds the permitted height limits of an accessory structure, and the front yard set-back, the building is very well screened with an existing landscape buffer, fencing, and brick wall at the perimeter. Timothy Church asked what a view shed zone is, as referenced on the survey. Kimberly Martelli stated that she would find out what the view shed zone indicated on the master plan of the 75 acres refers to. Timothy Church asked Ms. Martelli is she has depiction views of the proposed structure as it would be viewed from Bedford Road. Kimberly Martelli stated that the proposed structure would be mildly visible from Bedford Road but that she could provide renderings to show how the landscaping provides screening if requested by the Board. Gorete Crowe stated that the existing building is not visible from Bedford Road but she is concerned that you may be able to see it if the height is increased by 9 feet. Kimberly Martelli stated since the existing roof peaks are proposed to remain, only the peaks of the dormers may be visible. Timothy Church asked if the roof pattern is proposed to change. Kimberly Martelli stated that the existing structure is being lifted so there will be no changes to the roof patterns. The two story structure will remain and the center floor will be opened up to create the double height space. Chairman Judge stated that it will not be visible from the outside what has been opened up. Chairman Judge asked for the grade difference between Bedford Road and the carriage house location. Kimberly Martelli stated that the grade at the driveway entrance on Bedford Road is 324 feet and the grade of the proposed lower level finished floor of the carriage house is 329.34 feet; a 5.34 foot differential. Chairman Judge asked Ms. Martelli what variances need to be approved by the Town of Mount Pleasant. 7 (ZBA 9/18/2019) �Kimberly Martelli stated that the requested variances for the Town of Mount Pleasant are also for increasing the non-conformities of an existing non-conforming accessory structure as well as for the permitted height increase. Chairman Judge asked if the set-backs increase with the construction of the additions. Kimberly Martelli stated that the proposed additions will not increase the existing nonconformity of the front yard set-back. It is only the roof height that is proposed to increase by the proposed lifting of the existing structure. Gorete Crowe asked why the increase in the roof elevation is requested. Kimberly Martelli stated that a basketball court is proposed as part of the recreation facility. Chairman Judge asked if there is a long term plan for the property and the use of the proposed facility. Kimberly Martelli stated that the property will be maintained as a single family residence for the owners. Timothy Church asked what the view would be from the North side of the property. Kimbery Martelli stated that the grade rises significantly on the North side of the property and that the buildings are not visible from the North side of the property. Timothy Church stated that there is not a view shed heading south towards the property. Kimberly Martelli stated that Timothy Church is correct and that the principle residence sits much higher than the accessory structures on the property. Gorete Crowe asked if there are any intentions of using this property for rentals. Kimberly Martelli stated there is no work proposed other than maintaining the property as a single-family residence and accessory structures for the owner. Chairman Judge stated that the concerns for long term plans for potential commercial uses would impact the Village. Kimberly Martelli stated that would require use variances to permit a change from residential to commercial uses. Timothy Church stated that the Board does not have a depiction of what the proposed height increase would look like from Bedford Road. Mr. Church stated that providing a drawing to show the general public what the proposed height difference will look like would allow the Board to be more confident in deciding if the proposed alterations would be in keeping with the character of the neighborhood. 8 (ZBA 9/18/2019) �Chairman Judge stated that the application structure is 40 feet from the Road and he is concerned about what happens when you lose the screening from the trees. Chairman Judge asked if there is a landscape plan to add any additional screening. Kimberly Martelli stated that they are in the process of working with an Architect on a long term landscaping site plan for the entire 75 acres to bring to the Town of Mount Pleasant Planning Board and that she would be happy to present it to the Village of Sleepy Hollow in efforts to have a cohesive approval process. Ms. Martelli stated that maintaining privacy is a critical goal for the owners. Ms. Martelli stated that she would be happy to come and present a rendering of the proposed construction so that the Board can be comfortable with their decision on the variance for the roof height increase. Motion was made to open the public hearing. Moved: Judge Seconded: Crowe Vote 7-0 Chairman Judge solicited comments from the public. There were no comments from the public. Motion was made to continue the public hearing at the October 16, 2019 meeting. Moved: Judge Seconded: Vote 7-0 5) 120 Spring Street LLC, 37 Hudson Terrace, Proposed addition and alterations - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. David F. Arango is an associate from Rui Arraiano Architect and Associates representing the applicant. Mr. Arango presented the existing structures proposed for removal to reduce the existing building coverage and increase the grass coverage. The existing collapsing retaining wall will be demolished and rebuilt to align with the property line. Mr. Arango stated that the proposed renovations include an extension of the existing porch, siding repairs and window replacements. Mr. Arango stated that the applicant proposes to utilize the second and third floor and the basement as their residence and create a separate apartment on the first floor. This will allow the property to be a true two-family residence in lieu of renting rooms in different apartments. The proposed sunroom addition over the new garage requires a variance for the increase in the floor area ratio. The total building coverage will be reduced. Margaret Rubick asked if only the size of the upper floor was increasing and if the footprint of the house will stay the same. 9 (ZBA 9/18/2019) �David Arango stated that the foot print of the house will remain the same. Tim Church asked Mr. Arango to explain the differences between the 37.3 percent existing building coverage and the 32.79 percent proposed building coverage as noted on the Zoning Compliance Form. David Arango stated that the building coverage percentage will be reduced because the applicant proposes to remove the existing storage building, covered entry, and the porch that was part of the kitchen. Richard Hughes asked if they propose to add another garage. David Arango stated that the applicant proposes to construct a garage in the original location, where the space was being used as a room, in order to construct the new sun room addition above it. Chairman Judge asked if the two apartments in the basement will be removed and if the house will now be a two-family home. David Arango stated there will no longer be apartments in the basement and the house will be a two-family residence. Chairman Judge asked Sean McCarthy if there were any letters received from the public regarding the application. Sean McCarthy stated that the Building Department has not received any letters regarding the application. Chairman Judge solicited questions from the Board. Gorete Crowe asked if there is sufficient parking for a two-family residence. David Arango stated that each residential unit will have one parking space in the new proposed garage Motion was made to open the public hearing. Moved: Judge Seconded: Lis Vote 7-0 Chairman Judge solicited comments from the public. Inessa Bliznetsova is the owner of 39 Hudson Terrace and stated that she supports the proposed changes because it will be nice to have a two-family house next door to her property, it will not require extra parking spaces and the changes will add value to her house and the surrounding houses. There were no other comments from the public. 10 (ZBA 9/18/2019) �Motion was made to close the public hearing. Moved: Judge Seconded: Crowe Vote 7-0 Chairman Judge asked Sean McCarthy is there is any building history that the Board should be aware of. Sean McCarthy stated that it is good that the building has a new owner who wishes to renovate the building to create a code compliant two-family house. Chairman Judge solicited additional comments from the Board. Margaret Rubick stated that the proposed changes will be improvements to the house. Alex MacFarlane stated that the proposed changes will be improvements to the house. Motion was made by Chairman Judge to approve the variances as requested based on the following: 1. Granting of the area variances will produce a beneficial and desirable change in the character of the neighborhood and the nearby properties as attested by a neighboring property owner. 2. There benefits sought by the applicant are feasible methods to pursue the requested variances and will not change the footprint of the existing property. 3. The proposed variances are not substantial as the existing non-conformities of the proposed changes are the nature of a corner lot. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship and the proposed changes will be an improvement to the property. Motion was made to grant the area variances as requested. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 6) Approval of minutes - March 20, 2019, April 17, 2019, July 17, 2019 Motion was made to approve the March 20, 2019 minutes. Moved: Judge Seconded: Rubick 11 (ZBA 9/18/2019) �Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick Vote: 7-0 APPROVED Motion was made to approve the April 17, 2019 minutes. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED Motion was made to approve the July 17, 2019 minutes. Moved: Judge Seconded: Rubick Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED Motion was made to adjourn the meeting at 9:20 pm. Moved: Judge Seconded: Rubick Vote 7-0 Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals 12 (ZBA 9/18/2019) � 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-2019 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_2019-09-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/782a3cb00ed08f118cadc05384eef166.pdf a169a22efd24a385e425c52466182820 PDF Text Text RESOLUTION Adopted at the September 18,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Second Floor Addition and Alterations LOCATION: 130 New Broadway TAX MAP DESIGNATION: Section 115.8, Block 1, Lot 72 ZONING DISTRICT: R-4 WHEREAS, on August 15, 2019, an application was submitted by James O'Connell (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals for additions and alterations to the second floor of an existing single-family residence (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 Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum rear yard set-back is 25.00 feet and the existing rear yard set-back is 13.62 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit additions and alterations to the second floor where the required minimum rear yard set-back is 25.00 feet, the existing rear set-back is 13.62 feet and the proposed front yard set-back is 13.62 feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted and signed by the Applicant, dated August 13, 2019 2. Building Permit Application denial letter signed by Sean E. McCarthy, Building Inspector, dated June 25, 2019 3. Zoning Compliance Form, signed and stamped by Rui F. Arraiano, RA, dated August 13, 2019 4. Short Environmental Assessment Form Part-1 Project information, signed by Rui F. Arraiano, RA, dated August 13,2019 5. Property survey prepared and stamped by David Scott Freeman, dated December 19, 2011 6. Photographs of the existing conditions 7. Deed, dated January 5, 2012 8. Construction drawings ZBA-1, ZBA-2, ZBA-3, ZBA-4 prepared, stamped and signed Rui F. Arraiano, RA, dated August 13, 2019 Page 1 of 4 �WHEREAS, the ZBA held a duly noticed public hearing on September 18, 2019 to hear and consider the application; and WHEREAS, a letter was received from Walter Ceconi, the owner of 120 New Broadway, on September 18,2019 to expressing approval for granting of the variances to the Applicant; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 a Type II 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 area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties and the neighbor next door is in favor of granting approval. 2. The benefit sought by the applicant is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformity of the property. 3. The proposed variances are not substantial as the proposed changes are a continuance the existing non-conformities. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Page 2 of 4 �BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Date Page 3 of 4 �b*«tfJ. ** or. 1155 1 " * «jfib � 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-2019 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_2019-09-18_RES-130-New-Broadway Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/ad2db9358487f778ef4a3aeded328696.pdf ed436fb63e7b531bb89d36c06541efa6 PDF Text Text RESOLUTION Adopted at the September 18,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Covered Front Porch Addition LOCATION: 229 Webber Avenue TAX MAP DESIGNATION: Section 115.8, Block 1, Lot 3 ZONING DISTRICT: R-3 WHEREAS, on July 31, 2019, an application was submitted by Sean and Susan Treacy (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct a covered front porch addition (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 Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum front yard set-back is 20.0 feet and the existing front yard set-back is .63 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit construction of a covered front porch addition where the required minimum front yard set-back is 20.0 feet, the existing front yard set-back is .63 feet and the proposed front yard set-back is 1.40 feet; and WHEREAS, the ZBA 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 31, 2019 2. Zoning Compliance Form, signed by the Applicant, dated August 1,2019 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated July 30,2019 4. Property survey prepared by TC Merrits Land Surveyors, dated January 16,2019 5. Photographs of the existing conditions, dated August 9, 2019 6. Deed, dated May 20,1998 7. Construction drawings SY-101, EC-101, D-101, A-101, A-202, A-301 prepared, stamped and signed by Edmond A. Gemmola, RA, dated July 16, 2019 and July 23, 2019 WHEREAS, the ZBA held a duly noticed public hearing on September 18, 2019 to hear and consider the application; and WHEREAS, the Applicant described the Application and the need for the variances; and Page 1 of 3 �WHEREAS, Edmond Gemmola, RA described the architectural design and construction details of the project; and WHEREAS, there were no objections from the public; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 a Type II 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 area variances will not produce an undesirable change or a detriment to the nearby properties and are keeping in the character of the neighborhood providing a benefit to the applicant. 2. The proposed variances are not substantial as the proposed changes are existing nonconformities and the proposed construction will slightly increase the front yard set-back. 3. The benefit sought by the applicant is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformity of the property. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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; Page 2 of 3 �BE IT FURTHER RESOLVED, the Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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. Jud Date undersigned Clerk/Deputy clerk, do hereby certify that the foregoing is a true copy of an extract duty adopted by the BoarGLof certify that the minutes of the meeting of said Board of Trustees held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and thteM_day of O c M ^ ^ . 20. ^ Page 3 of 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-2019 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_2019-09-18_RES-29-Webber-Avenue Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/2a26ba120e0a7d396e6ff2f72f2580f2.pdf 86941c5c8f87b07f80c95db583c5745f PDF Text Text RESOLUTION Adopted at the September 18,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Additions and Alterations LOCATION: 37 Hudson Terrace TAX MAP DESIGNATION: Section 115.12, Block 2, Lot 9 ZONING DISTRICT: R-4 WHEREAS, on August 15,2019, an application was submitted by Frank Cerqueira (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct additions and alterations to an existing two-family residence (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 Article VI, Section 450-34.B of the Zoning Code, applicability of regulations, adding to and altering an existing non-conforming building, where the required maximum floor area is 2,415 feet and the existing floor area is 3,528 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum front yard set-back is 20.00 feet and the existing front yard set-back is 10.26 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum front yard corner set-back is 10.00 feet and the existing front yard corner set-back is 7.51 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required maximum building coverage is 30.00 percent and the existing building coverage is 37.30 percent; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit additions and alterations where the required minimum front yard setback is 20.00 feet and the proposed front yard set-back is 10.26 feet; and Page 1 of 4 �WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit additions and alterations where the required minimum front yard corner set-back is 10.00 feet and the proposed front yard corner set-back is 7.51 feet; and WHERAS, the Applicant is seeking a variance from Article VI, Section 450-40. of the Zoning Code, Coverage and open space, to permit additions and alterations where the required maximum building coverage is 30.00 percent and the proposed building coverage is 32.79 percent; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-36.D. of the Zoning Code, Floor area ratio, to permit additions and alterations where the maximum floor area is 2,415 square feet and the proposed floor area is 3,646 square feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted and signed by the Applicant, dated August 14, 2019 2. Zoning Compliance Form, signed and stamped Rui F. Arraiano RA, dated August 13, 2019 3. Short Environmental Assessment Form Part-1 Project information, signed by Rui F. Arraiano RA, dated August 13, 2019 4. Property survey prepared by TC Merrits Land Surveyors, dated December 21,2017 5. Photographs of the existing conditions 6. Deed, dated November 9,2018 7. Construction drawings SP-100, A-100, A-200, A-201 prepared, stamped, and signed by Rui F. Arraiano RA, dated June 25, 2019 WHEREAS, the ZBA held a duly noticed public hearing on September 18,2019 to hear and consider the application; and WHEREAS, David F. Arango from Rui Arraiano Architect and Associates presented the Application, construction plans, and details; and WHEREAS, testimony was offered by Inessa Blizentsova, owner of 39 Hudson Terrace, stated that she supports the Application and the proposed changes because it will nice to have a two-family house next door, it will not require extra parking spaces and the proposed changed will add value to her house and the surrounding houses; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 Page 2 of 4 �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 a Type II 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 area variances will produce a beneficial and desirable change in the character of the neighborhood and the nearby properties as attested by a neighboring property owner. 2. There benefits sought by the applicant are feasible methods to pursue the requested variances and will not change the footprint of the existing property. 3. The proposed variances are not substantial as the existing non-conformities of the proposed changes are the nature of a corner lot. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship and the proposed changes will be an improvement to the property. BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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. Page 3 of 4 �ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Timothy K Date i undersigned iWoeputyC^ctohere^ i true oopytf an o t t t c k A ^ adopted l ^ t l w e o ^ t f ,f 2XU5-andcttte^tjpfo nd 1fartherceit&ythit the same was entered into the -linutes of the meattng of said Boa* ofIYusims held on aid date. :N WITNESS W«REOF, I t W ^ S ^ S * l «taynf , SQL Page 4 of 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-2019 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_2019-09-18_RES-37-Hudson-Terrace Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/2bc59717a06be9d291268a5150728cf4.pdf c8c237f9f08063c7c720c30e868fbf0c PDF Text Text RESOLUTION Adopted at the September 18,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Open Rear Deck Addition LOCATION: 86 Howard Street TAX MAP DESIGNATION: Section 115.11, Block 2, Lot 76 ZONING DISTRICT: R-5 WHEREAS, on August 14,2019, an application was submitted by Brian Johnston (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct an open rear deck addition (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 Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum lot area is 4,000 square feet and the existing lot area is 3,300 square feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum lot width is 40.0 feet, and the existing lot width is 33.00 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum front yard set-back is 20.0 feet, and the existing front yard set-back is 9.87 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum combined side yards set-back is 15.0 feet, and the existing combined side yards setback is 14.50 feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted and signed by the Applicant, dated August 14, 2019 2. Zoning Compliance Form, signed and stamped by William Simeoforides RA, dated August 12, 2019 Page 1 of 3 �3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated August 13,2019 4. Property survey prepared by David Scott Freeman, dated August 10,2017 5. Photographs of the existing conditions 6. Deed, dated August 16, 2017 7. Construction drawings A-0, A-l, A-3 prepared, stamped and signed by William Simeoforides, Architect, dated July 24,2019 WHEREAS, the ZBA held a duly noticed public hearing on September 18, 2019 to hear and consider the application; and WHEREAS, William Simeoforides, Architect presented the Application on behalf of the Applicant and stated that the variances requested are required due to existing non-conformities related to the undersized lot, the proposed application is not self-created, will be in character with the neighborhood, will not cause a detriment to the environment, and that there is no alternative location to construct the deck; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 a Type II 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. The proposed variances are not substantial as the proposed changes will not alter the existing non-conformities. 2. Granting of the area variances will not produce an undesirable change or a detriment to the nearby properties and are keeping in the character of the neighborhood providing a benefit to the applicant. Page 2 of 3 �3. There are no other feasible methods for the applicant to pursue other than the variances requested due to the existing non-conformity of the property and will create a benefit for the applicant. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Date lerfc/Deputy Cleric, do hereby certify that the foregoing (s troe copy of an extract duly adopted by the Boartof ofaespyHottow^the^/jS-day .day 20_Zz_ and of the whole thereof, , at the same was entered into the inutes of the meeting of said Boant of Itastees held on aid date. ® Page 3 of 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-2019 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_2019-09-18_RES-86-Howard-Street Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/5aecbed9e274a95fae671e370362821c.pdf 7d5c969bc4d207de76acf2869582fdf8 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting October 16, 2019 Chairman Timothy Judge called the meeting to order at 8:03 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Alex MacFarlane Gorete Crowe Timothy Church Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Margaret Rubick Agenda: 1) KTM Architect, 180 Bedford Road, Proposed addition and alterations - Continued public hearing 2) Jason Jercinovic, 227 Kelbourne Avenue, Proposed exterior stair construction - Public hearing 3) Approval of minutes - September 18, 2019 Chairman Judge read the agenda to clarify revisions dated October 16, 2019. 1. KTM Architect, 180 Bedford Road, Proposed addition & alterations - Continued public hearing Motion was made to re-open the public hearing. Moved: Judge Seconded: Lis Vote 6-0 Kimberly Martelli is the Principle of KTM Architects representing the applicant. Ms. Martelli stated that she has submitted a rendering to provide a clear perspective of the proposed alterations of the carriage house as viewed from Bedford Road. Ms. Martelli presented a colored rendering and stated that the carriage house is heavily screened and mildly visible from Bedford Road. Chairman Judge solicited comments from the Board. Craig Lis stated that the screening should be required to be maintained in the future. Gorete Crowe stated that she is concerned that the applicant will remove the large tree near the structure along Bedford Road. 1 (ZBA 10/17/2019) �Kimberly Martelli stated that the Landscape Architect has a long term plan for the site that includes planting of evergreen trees and conifers to provide year round screening and infill any open spots on the site. Ms. Martelli stated that the Landscape Architect will provide an updated landscape plan if trees need to be removed due to decline or conflict with the proposed alterations. Richard Hughes asked for the height of the existing fence. Kimberly Martelli stated that the existing fence is a six foot high chain link fence. Timothy Church asked if there are any alterations proposed for the existing fence. Kimberly Martelli stated that the chain link fence is to remain. 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: Crowe Vote 6-0 Motion was made to grant the area variances as requested with the following condition: 1. Landscape screening and fence will be maintained around the perimeter of the accessory structure as viewed from Bedford Road. Motion was made by Chairman Judge to approve the variances as requested based on the following criteria: 1. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as it fits in with the other properties on Bedford Road and the Rockefeller estate. 2. The benefit sought by the applicant by the requested variances is reasonable and is the feasible method to pursue the construction of a basketball court. 3. The proposed variances are not substantial due to the pre-existing non-conformities of the roof lines and the front yard set-back. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood as the proposed application will not require changes to the stormwater management or inhibit wildlife. 5. The alleged difficulty is not a self-created hardship. Chairman Judge stated that the structure is larger than the typical accessory structure and that the area variances will be granted for a structure accessory to a principle residence in keeping with the current single-family residential use. 2 (ZBA 10/17/2019) �Kimberly Martelli agreed to the condition of the area variances and acknowledges that any change of use would be required to come before the Board with an application for a use variance approval. Motion was made to grant the area variances as requested. Moved: Judge Seconded: Church Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Vote: 6-0 APPROVED 2. Jason Jercinovic, 227 Kelbourne Avenue, Proposed exterior stair construction - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. Amanda Linhart is the Architect representing the Applicant. Ms. Linhart stated that they propose to construct an exterior staircase for access to the existing basement because the current interior staircase does not allow for larger items to be brought into the basement. It is proposed to eliminate the existing window-well and construct a staircase that will be 42 inches from wall to wall with the required handrail and a clear door opening of approximately 40 inches. Ms. Linhart presented photographs of the existing conditions to show where the staircase will be constructed. Ms. Linhart stated that the staircase will be well screened from the neighboring property by the existing hedges and that it will be at and below grade so it will not be visible from the road other than a fall protection fence and gate that will be 34-36 inches above grade. Richard Hughes asked if the air conditioning condensers will be moved. Amanda Linhart stated that the existing air conditioning condensers will remain. Craig Lis asked if the new stairwell will be constructed where the existing window well is located. Amanda Linhart stated that the existing window well is approximately 3 feet deep and they are proposing to push the new staircase out 6 feet. Chairman Judge asked if the drainage will be sufficient. 3 (ZBA 10/17/2019) �Amanda Linhart stated that they plan to install a 12-14 inch gravel bed at the bottom and install the door on a curb to assist with the drainage. Gorete Crowe asked if there is a plan to cover the staircase with a roof or metal doors. Amanda Linhart stated that there is no plan to cover the structure. Bilco doors do not qualify as a means of egress to the basement. Timothy Church asked if a variance was granted for the air conditioning condensers. Amanda Linhart stated that the air conditioning work was permitted but did not require a variance due to differentials in the side yard set-back documented on past property surveys. Chairman Judge asked when the most recent property survey was completed. Jason Jercinovic is the owner of the property and stated that the survey pre-dated the current occupancy of the house. Chairman Judge solicited comments from the Board. There were no additional comments from the Board. Chairman Judge made a motion to open the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 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: Lis Vote 6-0 Chairman Judge asked if there were any alternative methods considered for creating an entrance way into the basement. Amanda Linhart stated that the proposed location allows the applicant to utilize the existing opening to the basement and will not require an additional hole in the foundation wall. Chairman Judge asked Sean McCarthy if there are any issues with the proposed staircase. Sean McCarthy stated that the applicant will be required to install fall protection on top of the wall above grade as part of the variance approval. Sean McCarthy asked Amanda Linhart for the minimum width required for the applicant to achieve the benefit requested. 4 (ZBA 10/17/2019) �Amanda Linhart stated that the applicant is requesting 42 inches from wall to wall with a 40 inch clearance in between the handrail in order to get large items, such as a refrigerator, into the basement. Chairman Judge asked for the width of the existing window well. Amanda Linhart stated the width of the existing window well is 5 feet-10 inches wide and that they propose to install a 5 foot-6 inch wide double door in that location. Ms. Linhart stated that they plan on installing a removable handrail at the bottom stair risers in order to move large items through the doors into the basement. Motion was made by Chairman Judge to approve the variance as requested with the following condition: 1. Applicant is required to install a fall prevention fence as specified in the plans submitted to the ZBA and the Building Department. Motion was made by Chairman Judge to approve the variances as requested based on the following criteria: 1. Granting of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. The requested area variance is the feasible method to pursue the benefit sought by the applicant as there is an existing opening in the foundation walls at the existing window well location. 3. The proposed variance is not substantial due to the existing the existing non-conformity of the side yard set-back and the visibility of the proposed structure from the road. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Motion was made to grant the variance as requested. Moved: Judge Seconded: Church Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Vote: 6-0 APPROVED 3. Approval of minutes, September 18, 2019 Chairman Church requested a change in the statement made by Margaret Rubick regarding the area variance application submitted by Sean Tracy of 229 Webber Avenue. 5 (ZBA 10/17/2019) �Motion was made to approve the September 18, 2019 minutes as amended. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Vote: 6-0 APPROVED Motion was made to adjourn the meeting at 8:40 pm. Moved: Judge Seconded: MacFarlane Vote 6-0 Respectfully Submitted, Po^MALA^M Pamela Kroll Secretary to the Zoning Board of Appeals 6 (ZBA 10/17/2019) � 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-2019 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_2019-10-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/0a4078fcff07420c18890a791dcdccf5.pdf 0817a87705679769616743ee522879ce PDF Text Text RESOLUTION Adopted at the October 16,2019 Meeting of the Village of Sleepy Hollow Zooing Board of Appeals RESQLUTION: Area Variances PROPOSED: Proposed addition and alterations LOCATION: 180 Bedford Road TAX MAP DESIGNATION: Section 111.17, Block 1, Lot 2.1 ZONING DISTRICT: R-l WHEREAS, on August 15,2019, an application was submitted by KTM Architect as the (the "Applicant") on behalf of Hudson Pines LLC (the "Owner") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals to construct additions, alterations, and conversion of the existing carriage house to a recreation building (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 Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, to permit additions and alterations where the required minimum front yard set-back is 75.00 feet and the existing front yard set-back is 34.40 feet and the maximum permitted height it 15.00 feet and the existing height is 23.23 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-40.E. (2) (a) of the Zoning Code, Coverage and open space, location of accessory uses in residential districts, to permit additions and alterations where the required minimum required front yard set-back is 75.00 feet, the existing front yard set-back is 33.40 feet, and the proposed front yard set-back is 33.40 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-40.E. (2) (c) of the Zoning Code, Coverage and open space, location of accessory uses in residential districts, to permit additions and alterations where the required maximum permitted height is 15.00 feet, the existing height is 23.23 feet, and the proposed height is 32.18 feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted and signed by the Applicant, dated August 15, 2019 2. Zoning Compliance Form, signed by the Applicant, dated August 15, 2019 3. Short Environmental Assessment Form Part-1 Project information, signed by the Applicant, dated August 15, 2019 Page 1 of 3 �4. Property deed recorded March 9, 2018 5. Construction drawings SP-1, SP-2, EC-1, A-l, A-2, A-3, A-4, A-5, A-6, A-7, A-8, A-9, and existing site photos, A-10 prepared by Kimberly Martelli, RA; dated August 15, 2019 6. Drawing number A-7 South Facade Rendered View from Bedford Road, prepared by KTM Architect, dated September 30, 2019 WHEREAS, the ZBA held a duly noticed public hearing on September 18, 2019 to hear and consider the application; and WHEREAS, the ZBA continued the public hearing on October 16, 2019; and WHEREAS, Kimberly Martelli, Principle of KTM Architect presented the Application on behalf of the Owner and stated that the variances requested are required due to existing non-conformities related to the front yard set-back and the permitted height of an accessory structure; although the building exceeds the maximum permitted height limits of an accessory structure, the building is well screened from view on Bedford Road; the proposed additions will not increase the existing non-conformity of the front yard set-back; the property will be maintained as a single family residence; any change from residential use would require the Applicant to submit a use variance application to the ZBA; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 ZBA, 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 a Type II 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 area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as it fits with the other properties on Bedford Road and the Rockefeller estate. 2. The benefit sought by the applicant for the requested area variances is reasonable and is the feasible method to pursue the construction of a recreation building. Page 2 of 3 �3. The proposed area variances are not substantial due to the pre-existing non-conformities of the roof lines, the front yard set-back, and the existing landscape screening of the accessory structure. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood as the proposed application will not require changes to the stormwater management of inhibit wildlife. 5. The alleged difficulty is not a self-created hardship. BE IT FURTHER RESOLVED, that the area variances requested by the applicant are granted for an accessory structure to a principle residence in keeping with the current single-family residential use; and BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for the area variances with the following condition set forth by the Sleepy Hollow Department of Architecture, Land Use Development, Building and Building Compliance (the "Building Department"): 1. Landscape screening will be maintained around the perimeter of the accessory structure as viewed from Bedford Road. BE IT FURTHER RESOLVED, that the area variances requested by the applicant are 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Page 3 of 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-2019 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_2019-10-16_RES-180-Bedford-Road Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/a271168068b3a5fceb1570c68d5da5f1.pdf 47e1f4857f29215c30c7c857270ac255 PDF Text Text RESOLUTION Adopted at the October 16, 2019 Meeting of the Village of Sleepy Hollow Zohing Board of Appeals RESOLUTION: Area Variance PROPOSED: Proposed exterior stair construction LOCATION: 227 Kelbourne Avenue TAX MAP DESIGNATION: Section 110.19, Block 2, Lot 78.2 ZONING DISTRICT: R-2 WHEREAS, on September 12, 2019, an application was submitted by Jason Jercinovic (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval to construct an exterior stair (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 Article VI, Section 450-35 of the Zoning Code, Schedule of regulations, to permit the construction of an exterior stair, where the required minimum side yard set-back is 10.00 feet, the existing side yard set-back is 12.00 feet and the proposed side yard set-back is 7.75 feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted and signed by the Applicant, dated September 10, 2019 2. Zoning Compliance Form, signed by Amanda Linhart, RA, dated September 11,2019 3. Short Environmental Assessment Form Part-1 Project information, signed by Amanda Linhart, RA, dated September 9, 2019 4. Property deed recorded March 7, 2008 5. Photographs of existing conditions 6. Property survey 7. Construction drawings numbers A-001.00, A-002.00, A-101.00 prepared by Amanda Linhart, RA, dated September 25,2019 WHEREAS, the ZBA held a duly noticed public hearing on October 16, 2019 to hear and consider the application; and WHEREAS, Amanda Linhart, RA presented the Application on behalf of the Owner and stated that the variance requested is required to construct an exterior stair for access to the existing basement to allow for adequate clearance to bring large items into the basement that will not fit through the existing Page 1 of 3 �interior stair; the stair will be well screened from the neighboring property; only the protection fence will be visible from the road because the stair will be at or below grade; and WHEREAS, in making its determination as to whether the applicant should be granted the area variance, 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 selfcreated, 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 ZBA, after revtew 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 a Type II 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 area variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. The requested area variance is the feasible method to pursue the benefit sought by the applicant as there is an existing opening in the foundation walls at the existing window well location. 3. The proposed area variance is not substantial due to the pre-existing non-conformities of the side yard set-back and the visibility of the propoied structure from the road. 4. The proposed area variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for the area variance with the following condition set forth by the Sleepy Hollow Department of Architecture, Land Use Development, Building and Building Compliance (the "Building Department"): 1. Applicant is required to install a fall protection fence as specified in the plans submitted to the ZBA and the Building Department. Page 2 of 3 �BE IT FURTHER RESOLVED, that the area variances requested by the applicant are 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Date Trustees of the Village of Sleepy Hollow, on the J J L — W nf (' K yvyi />-• c , 20 v ( and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees held on Page 3 of 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-2019 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_2019-10-16_RES-227-Kelbourne-Avenue Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/029e6914adf71d53d17f2bfbfcdbcec2.pdf 9c588f6071928a231c8e2a2b51cb2225 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 20, 2019 Chairman Timothy Judge called the meeting to order at 8:00 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Margaret Rubick Gorete Crowe Timothy Church Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Alex MacFarlane Agenda: 1) Sleepy Hollow Holdings, LLC, 144 Cortlandt Street, Proposed conversion of commercial space - Public hearing 2) Sleepy Hollow Holdings, LLC, 196 Cortlandt Street, Proposed conversion of a commercial space - Public hearing 3) Approval of minutes - October 16, 2019 Chairman Judge read the agenda. 1. Sleepy Hollow Holdings LLC, 144 Cortlandt Street, Proposed conversion of commercial space - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mailing receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. Gabrielle Salman is an Architect representing the applicant and requested approval for the proposed conversion of the existing first floor retail space into a three bedroom residential apartment. Ms. Salman stated that there is currently a retail space and an illegal unoccupied apartment on the first floor, two apartments the second floor, and two apartments on the third floor. Ms. Salman stated that they are requesting to have a total of five apartments. Ms. Salman stated that the conversion to commercial to residential decreases the parking space requirements. 1 (ZBA 11/20/2019) �Sean McCarthy asked Mr. Salman to clarify the existing number of apartments per floor. Gabrielle Salman stated that there are two apartments on the third floor, two apartments on the second floor and they propose to have one apartment on the first floor. Sean McCarthy stated that the plans submitted indicate that there is one apartment on the second floor. Gabrielle Salman stated that Mr. McCarthy is correct and that there is only one apartment on the second floor. Sean McCarthy stated that the applicant is requesting to have a total of four residential apartments. Gabrielle Salman stated the applicant is requesting to have a total of four residential apartments. Craig Lis asked Sean McCarthy if the variances are required due to the change from a commercial use to a residential use. Sean McCarthy stated that the property is located in the C-2 commercial zone and is currently a mixed used building. The conversion of the building to full residential use requires the property to follow the R-5 zoning requirements. Timothy Church asked how many parking spots are required for the current mixed use of the building. Sean McCarthy stated that the mixed use parking requirement is based on the gross area of the space. According to the Architect, the space would require three parking spaces; a three bedroom apartment would also require three parking spaces. Chairman Judge asked if the application requires a use variance. Sean McCarthy stated that a structure that is solely residential is permitted by the Zoning Code. Chairman Judge asked Ms. Salman why the property space has remained vacant. Gabrielle Salman stated that there is a larger demand for apartments than commercial space. Harry Horowitz is a member of Sleepy Hollow Holdings, LLC and stated that they acquired the property in March of 2019. Mr. Horowitz stated that they have made consistent efforts to attract a retail tenant and have not had a single interest or showing since March. Mr. Horowitz stated that there is high demand for residential apartments and they would like to be able to fill the space. Richard Hughes asked the applicant if there are any current tenants in the ground floor retail space. 2 (ZBA 11/20/2019) �Harry Horowitz stated that the retail space is currently vacant. Richard Hughes asked if they would be eliminating the existing fa9ade of the building. Gabrielle Salman stated that they propose to have two front exterior windows similar to the floors above it. Harry Horowitz stated that the existing footprint of the retail space will remain and be converted into a residential apartment. Timothy Church asked how long the retail space has been vacant. Harry Horowitz stated that the retail space has been vacant for the past three years. Chairman Judge asked if there are any open Building Code violations associated with this property. Sean McCarthy stated that the current owner has diligently been working to correct the existing Building Code violations. Chairman Judge asked Mr. Horowitz why there is an issue in getting a retail tenant in the space. Harry Horowitz stated that income base of the residents living on Cortlandt and the conditions of surrounding properties limit the types of retail business interest for that space. Timothy Church asked what is planned for the fa9ade of the building. Gabrielle Salman stated that the building fa9ade will be consistent with the second floor and have two windows; the front door will remain the same. Sean McCarthy stated that the plans indicate that there are four windows proposed and do not include a front door. Gabrielle Salman stated that the retail entry door will be eliminated; four windows will be installed; and the front entry door will provide access to all the apartments. Ms. Salman stated that she was referring to the proposed renovation for 196 Cortlandt when she misspoke about the number of windows. The exterior of the building will be consistent with the materials of the existing structure. Timothy Church questioned if the parking requirement would change if a two bedroom apartment was constructed in lieu of a three bedroom unit. Sean McCarthy stated that a two bedroom apartment would still require three parking spaces. Harry Horowitz stated that the majority of the residents on Cortlandt Street use public transportation and that a retail space would generate a greater need for parking. 3 (ZBA 11/20/2019) �Timothy Church stated that parking is a problem for residents in the evening. Mr. Church stated that the proposed application does not increase the required number of parking spaces. Motion was made open the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 Chairman Judge solicited comments from the public. Domenic Pulsoni is the owner of 178 Cortlandt Street and two properties on Chestnut Street. Mr. Pulsoni stated that he has no objections to the proposed application. Mr. Pulsoni stated that availability of parking spaces on Cortlandt Street, Depeyster Street, and Chestnut Street is a great hardship to the residents. The lack of parking spaces on the streets prevent pedestrians from walking safely and proper emergency vehicle access. Motion was made to close the public hearing. Moved: Judge Seconded: Lis Vote 6-0 Chairman Judge solicited comments from the Board. Margaret Rubick asked for the sizes of the apartments on the second and third floors of the building. Harry Horowitz stated that there are two one bedroom apartments on the third floor and one three bedroom apartment on the second floor. The second floor apartment will be slightly larger than the proposed ground floor apartment due to the staircase configuration. Gorete Crowe asked if the apartments will be affordable housing apartments. Harry Horowitz stated that they will not be restricted affordable apartments. Timothy Church asked if there are other buildings on the street that are solely residential. Harry Horowitz stated there are several building that are completely residential residences. Sean McCarthy suggested an alternative apartment layout plan that would allow the applicant to keep the existing fa9ade and maintain a grade level entrance to the apartment. Chairman Judge stated that leaving the existing fa9ade would make it easier to convert back to a commercial space if the market warranted a change in demand. Motion was made by Craig Lis to approve the area variances as requested based on the following criteria: 1. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. The benefit sought by the Applicant is reasonable and is the feasible method to pursue the occupancy of a vacant space. 4 (ZBA 11/20/2019) �3. The proposed variances are not substantial due to the pre-existing non-conformities of the property and the parking space requirements are not increased by a conversion to a residential use of the space. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Chairman Judge stated that the application meets the requirements for a Type II action under SEQRA 617.5. Motion was made to grant the area variances as requested. Moved: Lis Seconded: Judge Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Margaret Rubick - yes Gorete Crowe - yes Timothy Church- yes Vote: 6-0 APPROVED 2. Sleepy Hollow Holdings LLC, 196 Cortlandt Street, Proposed conversion of commercial space - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mailing receipts have received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. Gabrielle Salman is the Architect representing the applicant and requested approval for the proposed conversion of existing vacant first floor retail space into a three bedroom residential apartment that will be accessible from the main hallway entrance of the existing apartment units. Gorete Crowe stated that the space has not been vacant for and long asked why they are having problems attracting businesses to rent the space. Harry Horowitz is a member of Sleepy Hollow Holdings, LLC and stated that the space was previously used as a laundromat. The increase of laundry service businesses in the area has eliminated the demand on Cortlandt Street. Mr. Horowitz stated that efforts have failed to obtain an occupant for a retail space. Chairman Judge stated that the applicant should be aware that the Village's proposed Comprehensive Plan includes the revitalization of the area that could increase the demand for retail space. 5 (ZBA 11/20/2019) �Chairman Judge asked Sean McCarthy if there are any open Building Code violations associated with the property. Sean McCarthy stated that the current owners have been working to address the outstanding building code violations. Mr. McCarthy stated that the interior of the proposed space is currently demolished and needs structural repairs in order to make the space safe. Margaret Rubick asked if the proposed action is consistent with the adopted Comprehensive Plan. Sean McCarthy stated that the Comprehensive Plan has not been adopted. Richard Hughes asked if the application requires Planning Board approval. Sean McCarthy stated that the application does not required Planning Board approval. Chairman Judge asked Sean McCarthy to summarize the history of the property and past applications. Sean McCarthy stated that the property will remain a mixed used building that includes commercial and residential spaces. The variance requirements for this application are strictly for an increase in demand for parking spaces. The occupied commercial space, on the corner of the property received a variance for a food establishment; has since been renovated and is doing well. The space involved in this application also received a variance for the laundromat establishment. The previous owners failed to complete renovations to the space and the space has since been vacant. Chairman Judge asked if all of the residential apartments on the second floor are occupied. Harry Horowitz stated that all of the residential apartments are occupied. Chairman Judge asked if there is an unsafe condition to the total building. Sean McCarthy stated that the building structure has been temporarily shored up and the corrections have been made to the apartments to bring them into compliance. Timothy Church asked what the change in the parking demands are with the proposed changes from commercial to residential. Sean McCarthy stated that the parking requirements are based on the number of bedrooms proposed. The residential conversion to a three-bedroom apartment will require two additional required parking spaces; bringing the total from twenty-three required parking spaces to twentyfive parking spaces. Timothy Church asked how many bedrooms are in the upstairs apartments. 6 (ZBA 11/20/2019) �Harry Horowitz stated that there are six apartments upstairs; four of the apartments are threebedroom units and two of the apartments have one bedroom. Chairman Judge solicited comments from the Board. Motion was made open the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 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: Lis Vote 6-0 Chairman Judge stated that parking is always an issue in the inner portion of the Village. Chairman Judge stated that he doesn't like to see commercial space eliminated but appreciates that the applicant is working to bring the building structure into compliance and understands the need to benefit from their investment. Timothy Church stated that is it is beyond the purview of the building owners to solve the parking problem and that it is incumbent on the Village to do so. Sean McCarthy stated that part of the findings should state that there is no other feasible way to obtain any additional parking on the property. Motion was made by Chairman Judge to approve the variances as requested based on the following criteria: 1. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as there are several sole residential properties in the area. 2. There is no other feasible method to pursue the benefit sought by the applicant as the proposed space has been vacant and there are no means to obtain additional site parking spaces on the property whether it is commercial or residential use. 3. The proposed variances are not substantial due to the unsolvable site parking conditions. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Chairman Judge stated that the application meets the requirements for a Type II action under SEQRA 617.5. Motion was made to grant the variances as requested. Moved: Judge Seconded: Church 7 (ZBA 11/20/2019) �Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - abstained Margaret Rubick - yes Gorete Crowe - yes Timothy Church- yes Vote: 5-0-1 APPROVED 3. Approval of minutes, October 16, 2019 Motion was made to approve the October 16, 2019 minutes as amended. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Margaret Rubick - abstained Gorete Crowe - yes Timothy Church- yes Vote: 5-0-1 APPROVED Motion was made to adjourn the meeting at 9:02 pm. Moved: Judge Seconded: Church Vote 6-0 Respectfully Submitted, Pa^ruiAt- /Kt^M Pamela Kroll Secretary to the Zoning Board of Appeals 8 (ZBA 11/20/2019) � 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-2019 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_2019-11-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/6f7699260ec0f81bdce930d58437745a.pdf dd05c4b170c9b5418c9b218f1bbd2471 PDF Text Text RESOLUTION Adopted at the November 21,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Proposed conversion of a commercial space LOCATION: 144 Cortlandt Street TAX MAP DESIGNATION: Section 115.15, Block 2, Lot 71 ZONING DISTRICT: C-2 WHEREAS, on June 11, 2019, an application was submitted by Gabrielle Salman (the "Architect") on behalf of Sleepy Hollow Holdings LLC (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approvals to convert the ground floor commercial space to a three-bedroom apartment (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 Article VI, Section 450-34.B. of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum rear yard set-back is 20.0 feet, and the existing rear yard set-back is 2.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-34.B. of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building where nine parking spaces are required and no parking spaces exist; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code Schedule of regulations, where the required minimum lot area is 6,500 square feet and the proposed lot area is 6,250 square feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required minimum front yard set-back is 20.0 feet and the proposed front yard set-back is 0.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required minimum one side yard set-back is 3.0 feet and the proposed one side yard set-back is 0.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required minimum combined side yards set-back is 12.0 feet and the proposed combined side yards set-back is 1.8 feet; and Page 1 of 4 �WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required maximum building coverage is 35 percent and the proposed building coverage is 66 percent; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-35. of the Zoning Code, Schedule of regulations, where the required minimum rear yard set-back is 25.0 feet and the proposed rear yard set-back is 2.0 feet; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-41.E. of the Zoning Code, Supplementary regulations, off-street parking and loading space, where nine parking spaces are required and there are parking spaces are proposed; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. 2. 3. 4. 5. 6. 7. 8. 9. Zoning Board of Appeals application submitted and signed by the Architect, dated June 6,2019 Summary of intent letter prepared by the Architect, last revised August 15, 2019 Proxy statement signed by Samuel Pollack, dated June 7, 2019 Zoning Compliance Form, prepared by the Architect, last revised August 15, 2019 Short Environmental Assessment Form Part-1 Project information, prepared by the Architect, dated June 6, 2019 Property survey prepared by Ward Carpenter Engineers, Inc., dated August 26,2014 Property deed dated February 7, 2019 Photographs of existing conditions Construction drawings numbers A.0.0, and A1.0 prepared by the Architect, last revised August 15,2019 WHEREAS, the ZBA held a duly noticed public hearing on November 21, 2019 to hear and consider the application; and WHEREAS, the Architect presented the Application on behalf of the Applicant and stated that the variances requested are required to convert the existing vacant first floor retail space into a threebedroom apartment and that there is a larger demand for apartments than commercial space; and WHEREAS, testimony was offered by the Applicant to state that the income base of the residents and the conditions of the surrounding properties limit the retail business interests for the space; that efforts to attract a retail tenant have been unsuccessful; and the approval for the residential conversion would attract occupants to the vacant space. WHEREAS, testimony was offered by Domenic Pulsoni, the owner of 178 Cortlandt Street and two properties on Chestnut Street to state that he has no objection to the proposed application and that parking space availability is a hardship to the residents in the area. WHEREAS, in making its determination as to whether the applicant should be granted the area variance, 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 Page 2 of 4 �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 selfcreated, 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 ZBA, 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 a Type II 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 area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 2. The benefit sought to the applicant is reasonable and is the feasible method to pursue the occupancy of the vacant commercial space. 3. The proposed area variances are not substantial due to the pre-existing non-conformities of the property; and the parking space requirements are not increased by the conversion of the commercial space to residential. 4. The proposed area variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. BE IT FURTHER RESOLVED, that the area variances requested by the applicant are granted approval 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Department of Architecture, Land Use Development, Buildings & Building Compliance 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 Page 3 of 4 �If I^f/AZ^ the undersigned Clerk/Deputy Clerk, do hereby certify that theforegoingis a true copy of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Sleepy Hollow, on theiZ2lday of dO&^M^. 2 0 j 2 _ and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/|oning)held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and offir5®1 ^ «we^^Hav of . 20_?2_l. Page 4 of 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-2019 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_2019-11-21_RES-144-Cortlandt-Street Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/e388470c7b9e0c11f588474a47a9ff75.pdf 00bd389bc02d3c70ed16d0ee579d7ad8 PDF Text Text RESOLUTION Adopted at the November 21,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Proposed conversion of a commercial space LOCATION: 196 Cortlandt Street TAX MAP DESIGNATION: Section 115.11, Block 5, Lot 1 ZONING DISTRICT: C-2 WHEREAS, on June 11, 2019, an application was submitted by Gabrielle Salman (the "Architect") on behalf of Sleepy Hollow Holdings LLC (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approvals to convert the ground floor commercial space to a three-bedroom apartment (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 Article VI, Section 450-34.B. of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building where twentythree parking spaces are required and no parking spaces exist; and WHEREAS, the Applicant is seeking a variance from Article VI, Section 450-41.E. of the Zoning Code, Supplementary regulations, off-street parking and loading space where twenty-five parking spaces are required; no parking spaces exist; and no parking spaces are proposed; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted and signed by the Architect, last revised August 15,2019 2. Summary of intent letter prepared by the Architect, last revised August 15, 2019 3. Proxy statement signed by Samuel Pollack, dated June 7, 2019 4. Zoning Compliance Form, prepared by the Architect, last revised August 15,2019 5. Short Environmental Assessment Form Part-1 Project information, prepared by the Architect, dated June 6, 2019 6. Property survey prepared by Ward Carpenter Engineers, Inc., dated August 25,2014 7. Property deed dated February 7, 2019 8. Photographs of existing conditions 9. Construction drawings numbers A.0.0, and A1.0 prepared by the Architect, last revised August 15,2019 Page 1 of 3 �WHEREAS, the ZBA held a duly noticed public hearing on November 21, 2019 to hear and consider the application; and WHEREAS, the Architect presented the Application on behalf of the Applicant and stated that the variances requested are required to convert an existing vacant first floor retail space into a threebedroom apartment that will be accessible from the main hallway entrance of the existing apartment units; and WHEREAS, testimony was offered by the Applicant to state that the space was previously occupied by a laundromat; the increase in laundry service businesses in the area has eliminated the demand on Cortlandt Street; and efforts to attract a retail tenant have been unsuccessful. WHEREAS, in making its determination as to whether the applicant should be granted the area variance, 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 selfcreated, 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 ZBA, 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 a Type II 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 area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as there are several other ground floor uses in the area. 2. There is no other feasible method to pursue the benefit sought by the Applicant as the proposed space has been vacant for several years and there are no means to obtain additional site parking spaces on the property whether it is used for commercial or residential purposes. 3. The proposed area variances are not substantial due to the unavailable on-site parking. 4. The proposed area variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Page 2 of 3 �5. The alleged difficulty is not a self-created hardship. BE IT FURTHER RESOLVED, that the area variances requested by the applicant are granted approval 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Department of Architecture, Land Use Development, Buildings & Building Compliance, 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 , the undersigned Clerk/Deputy C l e r k , d o hereby certify that theforegoingis a true c o p y of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Steepy Hollow on the/?/ dav of ^ Q ^ h ^ . 2 0 1 1 . and of the whole thereof, and I further certify that the same was enteied Mo the m i m ^ o f the meeting of said Board of Trustees/Ptarmini^§>6ld on said date. IN W I T N E S S WHEREOFJ havejwreui^jet my^and and Page 3 of 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-2019 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_2019-11-21_RES-196-Cortlandt-Street Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/74f5b610ed384df0a75ad2c2531ee331.pdf c87c75c96c8422bd76ed03dac7ec1228 PDF Text Text RESOLUTION Adopted at the November 21,2019, Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AND PRLIMINARY SUBDIVISION PLAT: CONDITION AMENDMENT PROPOSED: Edge on Hudson Phase 2 LOCATION: 199 Beekman Avenue TAX MAP DESIGNATION: Section 115.10-1-6.1 and 115.15-1-6.2 ZONING: RF - Riverfront District WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) adopted a certain Resolution for Site Plan and Preliminary Subdivision Plat Approval for Phase 2 of the redevelopment of the former North Tarrytown General Motors Assembly Plant site located at 199 Beekman Avenue, to be known as Edge-on-Hudson, to Lighthouse Landing Communities, LLC ("the Applicant") on December 20,2018 (the December 2018 Approval Resolution); and WHEREAS, Condition 1 of the December 2018 Approval Resolution provides that: 1. This approval shall expire if the following modifications and conditions have not been completed to the satisfaction of the Planning Board and the Village Building Department: submission of a satisfactory building permit application for building construction within one year of the date of the adoption of the site plan approval, subsequent construction commencing within six months of the date of building permit issuance and thereafter diligently pursued and construction completed within two years of the issuance of the building permit. Opportunity for extensions of the site plan approval to be granted for good cause by the Planning Board at the request of the Applicant for periods of six months each. And WHEREAS, the Applicant and or its affiliates, agents, and contractors are currently working on the preparation of the necessary materials to be submitted to the Building Department to apply for building permits for work on the redevelopment; and WHEREAS, Sleepy Hollow Residences, LLC and Lighthouse Landing Communities, LLC, ("the Applicants") submitted correspondence to the Village dated October 23, 2019 requesting a six-month extension of the original approval which includes both Blocks F and H; and Page 1 of 2 �WHEREAS, the Planning Board has visited the redevelopment site and is familiar with the work on the redevelopment: NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record of the December 20, 2018 Approval Resolution and the previously approved Special Permit and Riverfront Development Concept Plan for the redevelopment, the Planning Board hereby grants the Applicant's request for an extension of the December 20, 2018 Approval for a period of six-months; and, be it further RESOLVED, all other conditions identified in the Village Board's June 7, 2011 Special Permit and the Planning Board's December 20,2018 Site Plan Approval shall remain in full force and effect. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW Date i true~oopy~0f an extract duly adopted by the Board f Trustees/Planning/Zoning of the Village of Sleepy Ho! v, on ne ^/fTday of , 2(LL9_ and of tnr vholp thereof, and I further certify that the same was kl^e^Ur entered into [he minutes of the meeting of said Board o f T r u s t e e s ^ p S ^ 7 - , a held on said date. IM WITNFSS WHERf 've hereunto set my hand Page 2 of 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-2019 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_2019-11-21_RES-199-Beekman-Avenue Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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/e9168e9e311d67a7d490cbf7a6a09cc6.pdf 9aac3d0b3edba6d7d3c3800238b96d01 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting December 18, 2019 Chairman Timothy Judge called the meeting to order at 8:00 pm. Present: Timothy Judge, Chairman Craig Lis Gorete Crowe Alex MacFarlane Also Present: Pamela Kroll, Secretary to the Zoning Board Absent: Richard Hughes Margaret Rubick Timothy Church Sean McCarthy, Village Architect Agenda: 1) Robert and Gail Saldis, 165 Webber Avenue, Proposed sunroom addition - Public hearing 2) Approval of minutes - November 20, 2019 Chairman Judge read the agenda. 1. Robert and Gail Saldis, 165 Webber Avenue, Proposed sunroom addition - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Pamela Kroll to confirm that all of the mailing receipts have been received. Pamela Kroll stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. Sheridan Campiglia is a Project Manager from ARGHT Design Group, Inc. representing the owners of 165 Webber Avenue. Mr. Campiglia stated that it is proposed to build a sunroom addition where the front yard and side yards of the existing house do not comply with the Zoning Code requirements. The proposed sunroom will be an unheated, 10 feet by 12 feet structure constructed at the rear of the property. The structure will not increase the impervious surface area. The application proposes to modify the kitchen to provide access to the sunroom. It will not be visible from the front of the house. Chairman Judge solicited questions from the Board. 1 (ZBA 12/18/2019) �Alex MacFarlane questioned if the neighboring properties have similar sunrooms. Sheridan Campiglia stated that the neighbor to the left and the right have similar sunroom additions on their properties. The proposed sunroom will not be visible from the street. There is an existing storm patio proposed for removal to construct the sunroom in its place. Chairman Judge asked if the exterior will match the existing. Sheridan Campiglia stated that the proposed siding and roofing will match the existing house. Motion was made open the public hearing. Moved: Judge Seconded: Crowe Vote 4-0 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 4-0 Chairman Judge asked Pamela Kroll if any correspondence was received from the public regarding the application. Pamela Kroll stated that no comments were received from the public regarding the application. Motion was made by Chairman Judge to approve the area variances as requested based on the following criteria: 1. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as neighboring properties have similar sunroom additions. 2. The benefit sought by the Applicant cannot not be achieved by an alternative method as there is only one area on the property that allows for the construction of a sunroom addition. 3. The proposed variances are not substantial due to the pre-existing non-conformities of the property. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship. Chairman Judge stated that the application meets the requirements for a Type II action under SEQRA 617.5. Motion was made to grant the area variances as requested. Moved: Judge Seconded: Lis 2 (ZBA 12/18/2019) �Timothy Judge, Chairman - yes Craig Lis - yes Alex McFarlane - yes Gorete Crowe - yes Vote: 4-0 APPROVED 3. Approval of minutes, November 20, 2019 Motion was made to table the minutes to the January 15, 2020 meeting. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes Alex MacFarlane - yes Gorete Crowe - yes Vote: 4-0 APPROVED Motion was made to adjourn the meeting at 8:15 pm. Moved: Judge Seconded: Crowe Vote 4-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 3 (ZBA 12/18/2019) � 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-2019 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_2019-12-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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