1 25 24 https://sleepyhollow.localarchives.org/files/original/f9a1af6f722ae0ca85952560c609decd.pdf 0d7cc4f90da8d8aeb37d06ae5df54fa7 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-11-15_180 Bedford Road Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/84b5af873d33c86b3c09322e0fbde922.pdf 8f6ba7238d945e050b288dce6a0553b0 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 15, 2023 Chairman Timothy Church called the meeting to order at 7:00 pm. Present: Timothy Church, Chairman Craig Lis Sandra Tripp Gorete Crowe Thomas Chang Carol Lyden Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Margaret Rubick Agenda: 1) Hudson Pines, LLC, 180 Bedford Road, Proposed site retaining walls and privacy wall - Public hearing 2) Approval of minutes, September 20, 2023, October 18, 2023 1. Hudson Pines, LLC, 180 Bedford Road, Proposed site retaining walls and privacy wallPublic hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Kimberly Martelli stated that she is the architect representing the Applicant. Ms. Martelli stated that the goals of the site retaining walls are to retain the existing grades and provide stable planting beds between the property lines and fencing for screening and erosion control. Ms. Martelli stated that the proposed privacy wall would be an extension of the upper retaining wall in the courtyard between the Music House and the natatorium. Based on the comments from the Planning & Zoning Board members, the applicant revised the application proposing to reduce the height of the tallest section of the privacy wall from 12 feet, 1-inch to 6 feet above grade. Chairman Church asked Ms. Martelli to confirm the requested variance for the privacy wall. 1 (ZBA 11/15/2023) �Ms. Martelli stated that the variance requested for the privacy wall is 12 feet, 6 inches feet at the tallest point of the site retaining walls. Chairman Church asked Ms. Martelli how long the top of the wall extends and if it spans from building to building. Ms. Martelli presented the courtyard elevation drawing and stated that the maximum height of the privacy wall would be 6 feet above the grade and approximately 45 feet, 3 ½ inches long. The proposed wall would be 7 feet from the edge of the Carriage House and approximately 35 feet from the Music Room. Chairman Church asked Ms. Martelli if the application proposes two site retaining walls. Ms. Martelli stated that two tiers of site retaining walls are proposed. The retaining wall on the courtyard side will go through the privacy wall and be 6 feet high, whereas the wall itself will be 6 feet, 6 inches from grade, and will taper down the slope with shorter walls. The wall adjacent to the Music Room will be 9 feet, 2 inches, and 7 ½ feet tall. Ms. Martelli stated that the grades vary from 16 to 18 feet in locations across the property line from Bedford Road. Chairman Church asked Ms. Martelli to confirm that the building’s main level is 16 to 18 feet from the property line along Bedford Road. Ms. Martelli presented the site section drawings and described the locations for the proposed retaining walls and plantings related to the right-of-way from Bedford Road. Chairman Church asked Ms. Martelli to describe the proposed plantings. Christopher Thorp is the Landscape Architect for the Applicant. Mr. Thorp stated that there is a tight condition between the base of the building and the roadway. They propose to provide the maximum amount of dense plantings at a scale that will provide immediate effects but are using plant materials that are old and slow growing. Mr. Thorp displayed pictures of the completed plantings and described how they provide screening from the road and reduce the liability of trees hanging over the power lines. Chairman Church asked Mr. Thorp if the application proposes plantings above the retaining walls and if they are similar to the plantings at the road level. Mr. Thorp stated that the plan proposes plantings above the retaining walls in both locations layered down to the property line including a continuation of the Spruce and American Holly trees and some deciduous trees to break up the site of the power lines. Chairman Church asked Mr. Thorp if they proposed landscaping along the property line to screen the buildings. Mr. Thorp stated that the plan incorporates new plantings into the site along the property line. 2 (ZBA 11/15/2023) �Ms. Martelli described the proposed plantings and shrubbery for the retaining wall areas and in between the buildings. Craig Lis asked how high the Honey Locust trees would grow at full maturity. Mr. Thorp said they would plant the Honey Locust trees at 22 feet tall. The trees could mature to 45 feet tall. Ms. Martelli presented revised renderings to show the heights of the walls from different views of the property and Bedford Road. Ms. Martelli stated that the landscaping would screen the privacy wall from the owners' side of the property and provide sound diminishment from Bedford Road. Chairman Church asked Ms. Martelli to describe the proposed wall construction materials. Ms. Martelli stated that the proposed wall construction is steel-reinforced concrete with true stone on the interior and exterior sides and capped with bluestone. The stone will be similar to the stone veneer at the base of the natatorium and the Carriage House buildings. Chairman Church asked Mr. Thorp who would maintain the landscaping and large trees. Mr. Thorp stated that the landscape contractor would complete the planting installations, and there is an in-house landscape team to monitor and maintain the plantings. Craig Lis asked Ms. Martelli to describe which wall they reduced from 12 feet, 1-inch to 6 feet high above grade. Ms. Martelli stated that the original privacy wall above the courtyard grade was 12 feet, 1-inch high on top of the 6 feet, 5 inches above grade retaining wall height. They reduced the tallest section of the privacy wall to 6 feet above grade. This reduces the overall wall height and the requested variance. Gorete Crowe asked if the 6-foot area of the privacy wall is the middle part of the walls. Ms. Martelli stated that the area of the privacy wall that came down by 6 feet is the middle section that is 43 feet long and provides a reasonable sound buffer at the end of the courtyard between the property and Bedford Road. Sandra Tripp asked if the overall width of the combined 28-foot wall height is changing. Ms. Martelli stated that the proposed width of the wall remains the same. Chairman Church asked Ms. Martelli to provide the Planning Board’s feedback. 3 (ZBA 11/15/2023) �Ms. Martelli stated that the Planning Board was concerned about having adequate dimensions for plantings and that a plan was in place to maintain them. Carol Lyden stated that she is concerned that proposing to plant large trees with big root balls in a limited area will not allow the roots to spread, and the trees will die. Mr. Thorp stated that selected trees have a slower growth rate. They have prepped the stretch between two existing tree masses as planting beds by increasing the soil volumes to address the concern of stabilizing large trees. Ms. Martelli stated that the landscape plan includes a wide variety of species. The two narrow points are 10 and 10 ½ feet wide and are located between the site fencing on the Bedford Road side and the retaining walls at the curved intersection by the music room and the corner of the site. Mr. Thorp stated that the staff continuously monitors the existing trees and selectively removes trees in conflict or as needed to preserve the most valuable plantings. Sean McCarthy stated that the Planning Board also recommended plantings on the right-of-way side of the chain link fence along Bedford Road. If the landscaping is a part of the mitigation for the variance, there can be a condition for maintaining the plantings in perpetuity. Chairman Church stated that he has concerns about planting trees in the right-of-way and being so close to the road. Ms. Martelli stated that the Planning Board suggested ground plantings on the roadside of the fence line to blend in with the site. Mr. Thorp stated that the right-of-way has been subject to neglect and the owners maintain the site behind the fence. Mr. McCarthy stated that the owners are responsible for maintaining the right-of-way as they would their property. There was a discussion with Ms. Martelli and Gorete Crowe regarding how the owners maintain the right-of-way. Mr. McCarthy stated that when the state modified the turns in Bedford Road, there was a lot of impact to the right-of-way and the guardrails and it never went back to the way it used to be. The Planning Board suggested that maintaining ground plantings would screen the view of the chain link fence. Mr. Thorp stated that as the evergreen plantings behind the chain link fence become dense the less visible the chain link fence would become. 4 (ZBA 11/15/2023) �Ms. Martelli stated that previous resolutions contained a condition that the final review of plantings is subject to Board approval and feedback. Chairman Church asked Ms. Martelli if the owners would be receptive to planting in front of the chain link fence to mitigate the view of the buildings and walls. Ms. Martelli stated that the owners would be willing to install plantings as permitted in the rightof-way and be sure that property management are informed of the planting plan and what is required to maintain them. Chairman Church solicited comments from the Board. Ms. Crowe stated that she has a problem with the proposed privacy wall being so high and questioned whether they need the wall in addition to the two retaining walls and trees. Ms. Martelli stated that since the buildings are close to Bedford Road, plantings help with the sound attenuation, but the wall will provide audio privacy for the outdoor courtyard space. Ms. Crowe stated she is concerned that the owners will use the property as an event venue. Ms. Martelli stated that the owners do not intend to use the property as a commercial space. Ms. Tripp asked Ms. Martelli if the sports complex and the natatorium were newly constructed buildings. Ms. Martelli stated that they are reconstructing the sports complex in the same location of the original Carriage House from 1998. The natatorium is the indoor pool addition. Ms. Tripp stated that there were opportunities to site the buildings differently. Ms. Martelli stated that the owners located the buildings around a central courtyard. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no comments from the public. Chairman Church moved to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church stated that if the Board approves a variance for the privacy wall, it would include the 12 foot, 5 inch height, not the 18 feet listed on the public notice. Chairman Church stated that the Board visited the site and witnessed the grade increases from the road to the sports 5 (ZBA 11/15/2023) �complex and the natatorium building locations. The proposed retaining walls are utilitarian and aesthetic to the building structures. The retaining walls will not produce an undesirable change in the neighborhood's character or be a detriment to nearby properties. There are no other feasible options for retaining the property grades. The requested variance for the retaining walls is not substantial when compared to the scale of the property. The retaining walls would maintain the grades, help the proposed plantings, and favorably affect the environmental conditions. The Board has not received objections from the public. Chairman Church stated that the proposed privacy wall would not produce an undesirable change in the neighborhood as similar-height stonewalls are on the property across the street. The privacy wall would be between large building structures and will not be substantial compared to the site. The privacy wall has a utilitarian benefit for noise and visual mitigation. The Board often grants variances for 6-foot fences along Route 9. The privacy wall will serve the same purpose for the property owners when standing at grade for sound mitigation from Bedford Road and the visual impact of the power lines. The requested variance for the privacy wall is not substantial when considering the proposed plantings. Although the requested variance for the privacy wall is self-created, the proposed plantings will enhance the neighborhood. The Board has received criticism for approving the building structure setbacks close to the Road. Maintaining the site plantings to screen the visibility of the buildings and walls is crucial to the approval of the application. Ms. Tripp stated that the owner has significantly reduced the proposed height of the privacy wall by 50 percent and the proposed stone is similar to walls in the neighborhood. Chairman Church stated that if the Board approves the application, any changes to the wall materials or landscape plan would require the applicant to submit an application to the Board for approval. Chairman Church moved to approve the application for the reduced requested variance for the privacy wall and the requested variance for the retaining walls based on the revised plans, including the materials proposed for the walls, and the landscape plan being maintained in perpetuity. Moved: Church Seconded: Lis Timothy Church, Chairman - yes Sandra Tripp - yes Craig Lis - yes Gorete Crowe - no Thomas Chang - yes Carol Lyden- yes Vote 5-0-1 APPROVED 6 (ZBA 11/15/2023) �2. Approval of minutes, September 20, 2023, October 18, 2023 Chairman Church moved to approve the September 20, 2023 minutes, as amended, and the October 18, 2023 minutes. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church moved to adjourn the meeting at 8:00 P.M. Moved: Church Seconded: Crowe Vote 6-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 7 (ZBA 11/15/2023) � 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-2023 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_2023-11-15_ Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/480601875c3505af25eb2a9915b882c9.pdf 6592139deac34236fed9f93e610c07dc PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting October 18, 2023 Chairman Timothy Church called the meeting to order at 7:03 pm. Present: Timothy Church, Chairman Craig Lis Sandra Tripp Gorete Crowe Thomas Chang Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Margaret Rubick Carol Lyden Agenda: 1) Heidi Peguero, 88 Depeyster Street, Proposed one-story rear deck addition Public hearing 2) Approval of minutes, September 20, 2023 1. Heidi Peguero, 88 Depeyster Street, Proposed one-story rear deck addition- Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Jorge Hernandez stated that he is the architect representing the applicant. Mr. Hernandez stated that the property is in the C-2 Zoning district and is an undersized lot. Mr. Hernandez stated that the applicant proposes to improve the driveway, build a retaining wall, and construct a deck in the rear yard. Mr. Hernandez stated that the applicant originally had a verbal agreement with the neighbor for a deck constructed over the property line. The applicant removed that deck and now seeks to construct a new one. Mr. Hernandez stated that the current rear yard setback is 6.10 feet from the property line. The application proposes constructing a deck that is 6 feet wide along the property line with a storage area underneath. Chairman Church asked Mr. Hernandez if the original deck received a variance for legalization. 1 (ZBA 10/18/2023) �Mr. Hernandez stated that a deck extended into the neighbor’s property and was removed. He is not aware of any variances or permits previously granted. Sean McCarthy stated that the deck structure was not legal and would have required a variance. Chairman Church asked Mr. Hernandez if he replied to the September 27, 2023, review letter from the Building Department. Mr. Hernandez stated that he did not submit responses to the Building Department letter. Mr. Hernandez stated that he is researching the use of 1-hour fire-rated intumescent paint for wood. Chairman Church asked Mr. Hernandez to provide details for the proposed retaining walls and fencing. Mr. Hernandez stated that the application proposes to construct a garden retaining wall. Mr. McCarthy stated that a variance is not required if the walls and fence are proposed in compliance with the maximum height requirements. Chairman Church asked Mr. Hernandez for the height of the proposed deck from the ground up, if the proposed deck would be enclosed or have a canopy, and if exterior stairs are proposed. Craig Lis asked Mr. Hernandez if the deck is accessible from the interior first floor and asked for the proposed deck dimensions. Mr. Hernandez stated the application proposes to construct a deck that is 6 feet wide by 22 feet and 6 inches long, and 4 feet off the ground along the property line with a retaining wall and storage area underneath. There will be a door from the first floor to access the deck, and there are stairs proposed along the side yard for exterior access. Sean McCarthy asked Mr. Hernandez to describe where the walls are proposed. Mr. Hernandez stated that the application is proposing a wall along the property line in the side yard, and they are proposing to rebuild the existing rock wall underneath the deck where the storage area is located. Chairman Church asked Mr. Hernandez if the deck would be visible from the street. Mr. Hernandez stated that 7 feet of the proposed deck and the stairs would be visible from the street. Sandra Tripp questioned why the plans say they propose replacing an existing deck. Mr. Hernandez stated that he is unsure if there was a permit issued, but the door leading to the rear yard suggests that there was a deck there previously. 2 (ZBA 10/18/2023) �Mr. McCarthy stated that the applicant received a Notice of Violation and a summons for constructing the deck structure, including the existing wall and a separate room. The applicants demolished the structures but neglected to remove the wall. The wall in the rear yard was part of the non-conforming work proposed in the application. Craig Lis asked if a fence separates the proposed 3-inch rear yard setback and the proposed deck structure. Mr. Hernandez stated that there is no fence between the applicants and the neighboring property at the proposed deck location. Mr. Hernandez stated that if they receive approval for a Building Permit, the applicant would be required to get an updated survey to show the footings are 3 inches from the property line. Chairman Church moved to open the public hearing. Moved: Church Seconded: Lis Vote 5-0 Chairman Church solicited comments from the public. There were no comments from the public. Chairman Church moved to close the public hearing. Moved: Church Seconded: Lis Vote 5-0 Chairman Church proposed granting the requested variance based on the following criteria: 1. The requested variances for the lot area, front and rear yard setbacks, and the existing building coverage are existing non-conforming lot conditions, and the proposed application will not increase the building coverage. The proposed deck will improve the character of the neighborhood and not cause a detriment to nearby properties. 2. The proposed deck size is appropriate for a compressed rear yard, and there is no other feasible method to build a rear yard deck. 3. The requested area variance for the rear yard setback is not substantial, as only the stairs and a small portion of the deck will be visible from the street. 4. Granting the area variances will not cause an impact on the physical or environmental conditions of the neighborhood, as the Building Department will ensure that stormwater is managed as required by the Code. 5. Although the requested variances are self-created, it is not the only factor the Board considers when granting a variance 3 (ZBA 10/18/2023) �Sandra Tripp asked Mr. Hernandez if the storage area below the deck would be open to views from the rear yard below the posts. Mr. Hernandez stated that they would agree to a condition to add lattice in the open areas below the deck. Chairman Church moved to approve the application with the condition to install aesthetic lattice material below the deck to conceal the storage area. Moved: Church Seconded: Chang Timothy Church, Chairman - yes Sandra Tripp - yes Craig Lis - yes Gorete Crowe - yes Thomas Chang - yes Vote 5-0 APPROVED 2. Approval of minutes, September 20, 2023 The Board tabled the September 20, 2023 minutes to the November 15, 2023 meeting. Chairman Church moved to adjourn the meeting at 7:25 p.m. Moved: Church Seconded: Lis Vote 5-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 4 (ZBA 10/18/2023) � 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-2023 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_2023-10-18_Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/9db9bcb1ed58d13b385e1d4860b52fbf.pdf 1d704c7df19bfb5d913559692e8ca006 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-10-18_88 Depeyster Street Approved Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/4a868bdbe14737c8bb127646e2c350e3.pdf cce8dbd7573b2c0c8fceff5bf2cbb534 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting September 20, 2023 Chairman Timothy Church called the meeting to order at 7:00 PM Present: Timothy Church, Chairman Carol Lyden Craig Lis Margaret Rubick Thomas Chang Gorete Crowe Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Sandra Tripp Agenda: 1) Joseph Fernandes, 33 Gorey Brook Road, Proposed 1-1/2 story two-car garage addition- Public hearing 2) Sandra Tripp, 34 New Broadway, Proposed one-story open deck addition- Public hearing 3) Fior Rodriguez, 44 Howard Street, Proposed two-story enclosed porch additionPublic hearing 4) Approval of minutes, July 26, 2023 1. Joseph Fernandes, 33 Gorey Brook Road, Proposed 1-1/2 story two-car garage additionPublic hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Samuel Vieira stated that he is the architect for the proposed project. Mr. Vieira stated that the applicant proposes to remove the existing one-car, single-story garage and construct a two-car garage with a pitched roof to provide more depth and width for cars and eliminate parking cars on the street. Mr. Vieira stated that the odd-shaped lot and steep elevations result in an exposed foundation and higher square footage calculations. Mr. Vieira presented drawings outlining the property lines and buildable lot area and explained the existing non-conformities of the house. 1 (ZBA 9/20/2023) �Mr. Vieira stated there are no proposed changes to the existing non-conforming north side yard or the south corner of the property. Craig Lis asked Mr. Vieira to confirm that the corner of the existing garage encroaches on the front yard setback. Mr. Vieira stated that the corner of the existing garage does not comply with the front yard setback, and the proposed extension/addition will further encroach into the setback. The proposed addition will maintain the back line of the main house and will not extend further into the rear yard setback. There are no other alternative locations for the garage. Chairman Church asked Mr. Vieira to confirm the depth of the stucco existing garage. Mr. Vieira stated that the inside depth of the existing garage is 16 feet. The proposed garage has an inside depth of 20 feet. Gorete Crowe asked Mr. Vieira if the proposed garage would affect the driveway entrance. Mr. Vieira stated that there are no changes proposed to the driveway entrance. The applicant proposes to remove the existing patio surfaces and replace with asphalt to widen the driveway and allow cars to pull into each garage bay. Chairman Church asked Mr. Vieira if the application proposes changes to the retaining wall on the east side of the property. Mr. Vieira stated that the existing wall is part of the garage roof. The applicant proposes reinforcing the stone retaining wall with concrete to shore up and level with the new garage. Gorette Crowe asked if the retaining wall would be higher than the existing shrubbery along Gorey Brook Road. Mr. Vieira stated that the second retaining wall along Gorey Brook Road and the greenery would screen the garage structure. Chairman Church asked Mr. Vieira if the garage attic would be a habitable space. Mr. Vieira stated that the garage attic space would be used for storage only. Chairman Church solicited comments from the Board. There were no further comments from the Board. Chairman Church moved to open the public hearing. Moved: Church Seconded: Lis 2 Vote 6-0 (ZBA 9/20/2023) �Chairman Church solicited comments from the public. The Board received written comments from James J. O’Connell, the owner of 130 New Broadway, on September 19, 2023, supporting the application. (See Exhibit #1) There were no additional comments from the public. Chairman Church moved to close the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. The requested variances will not produce an undesirable change in the neighborhood or be a detriment to nearby properties. The elevation, retaining wall, and bushes will screen the garage view from the street. The applicant is not proposing to push the west boundary line. The extension of the garage will align with the main house. The proposed extension will not be visible due to the topography of the property lot. The proposed garage roof will be lower than the current garage. The adjacent neighbor supports the application. 2. There is no other feasible method to achieve the benefit sought by the applicant due to the topography of the property lot. 3. The requested variances are not substantial as they relate to extending the existing nonconforming conditions. 4. Granting of the area variances will not cause an impact on the physical or environmental conditions of the neighborhood as improvements to the retaining wall are proposed. 5. Although the requested variances are self-created, there are other factors the Board considers when granting a variance. Chairman Church moved to approve the application. Moved: Church Seconded: Lyden Timothy Church, Chairman - yes Margaret Rubick - yes Carol Lyden- yes Craig Lis - yes Thomas Chang - yes Gorete Crowe - yes Vote 6-0 APPROVED 3 (ZBA 9/20/2023) �2. Sandra Tripp, 34 New Broadway, Proposed one-story open deck addition - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Amanda Linhart stated that she is the Architect representing the applicant. Ms. Linhart stated that the application proposes to extend and connect to the existing covered front porch by constructing an open deck in the side yard. The existing covered front porch is non-conforming in the front yard setback, and the proposed deck would extend into the front yard setback. The width of the proposed deck encroaching in the front yard setback is 8 feet, 8 inches. Chairman Church asked Ms. Linhart to confirm that no variance is required for the side yard setback. Ms. Linhart stated that the proposed deck does not require a variance for the side yard setback. Chairman Church solicited questions from the Board. There were no questions from the Board. Chairman Church moved to open the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the public. There were no other public comments. Chairman Church moved to close the public hearing. Moved: Church Seconded: Lyden Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. Granting the requested variances will not produce an undesirable change in the neighborhood's character as the proposed deck extends the existing non-conformity of the front yard setback. The houses on the street have similar setbacks. 2. Granting of the requested variances will not cause an impact on the physical or environmental conditions of the neighborhood. 3. The requested variances are not substantial. 4 (ZBA 9/20/2023) �4. Although the requested variances are self-created, there are other factors the Board considers when granting a variance. Chairman Church moved to approve the application. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Craig Lis - yes Carol Lyden- yes Gorete Crowe- yes Thomas Chang - yes Vote 6-0 APPROVED 3. Fior Rodriguez, 44 Howard Street, Proposed two-story enclosed porch addition - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. David Arango is an associate of Rui F. Arraiano & Associates, LLC, and stated that he representing the applicant. Mr. Arango stated that the application proposes to construct a porch addition to an existing non-conforming house. Mr. Arango stated they are requesting a variance for the side yard setbacks and the building coverage. Mr. Arango presented drawings and existing condition photographs and described the details of the proposed proposed porch addition. Mr. Arango stated that the existing porch is 6 feet wide and aligned with the house in the setback. The application proposes to add 9 feet to the existing structure to be 14 feet long by 15 feet, 6 inches wide. Chairman Church asked Mr. Arango to confirm if a variance is required for the east and south sides of the property for the porch. Mr. Arango stated that a variance is not required for the rear yard setback. A variance is required for the west side yard to construct the porch, and no variance is required for the east or south sides. Chairman Church asked Mr. Arango for the distance between the existing porch and the west side neighboring property line. 5 (ZBA 9/20/2023) �Mr. Arango stated that there is 1-foot between the existing porch and the property line. They will remove the windows from that side of the addition and fireproof the wall as required by the Fire Code. Chairman Church asked Mr. Arango to confirm the requested variances for the garage. Mr. Arango stated that the garage is an existing non-conforming structure, and no changes are proposed. Chairman Church asked Mr. Arango how the applicant would access the second-floor porch and how the porch addition compares with the existing house roofline. Mr. Arango stated that there are doors and interior stairs for porch access. The porch roof would be lower than the main house roofline. Chairman Church stated that the porches would not be visible from the sidewalk. Thomas Chang asked Mr. Arango what rooms lead to the porches. Mr. Arango stated that the porches lead from the kitchens on each floor. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no public comments. Chairman Church moved to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. Granting the requested variances will not produce an undesirable change in the neighborhood's character, as the building size is comparable with the neighboring properties. The proposed porch addition follows the footprint of the existing house. The porch addition will not be visible from the sidewalk. 2. The proposed application is a feasible method to achieve the benefits sought by the Applicant, and the length of the addition is minimal because of the use of interior stairs. 3. The requested variances are not substantial due to the existing non-conforming conditions of the property. 6 (ZBA 9/20/2023) �4. Granting of the requested variances will not cause an impact on the physical or environmental conditions of the neighborhood. 5. Although the requested variances are self-created, there are other factors the Board considers when granting a variance. Chairman Church moved to approve the application. Moved: Church Seconded: Lis Timothy Church, Chairman - yes Margaret Rubick - yes Craig Lis - yes Carol Lyden- yes Gorete Crowe- yes Thomas Chang - yes Vote 6-0 APPROVED 4. Approval of minutes - July 26, 2023 Chairman Church moved to approve the July 26, 2023 minutes as amended. Moved: Church Seconded: Lis Timothy Church, Chairman - yes Margaret Rubick - yes Craig Lis - yes Carol Lyden- yes Thomas Chang -yes Gorete Crowe- yes Vote 6-0 APPROVED Chairman Church moved to close the meeting at 7:45 PM. Moved: Church Seconded: Lis Vote 6-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 7 (ZBA 9/20/2023) �Exhibit #1 Marble Hill School for International Studies 99 Terrace View Avenue, Bronx, New York 10463 Kirsten Larson, Principal Paul W. Parris, Assistant Principal Wanda Dingman, Assistant Principal September 2023 Zoning Board of Appeals Village of Sleepy Hollow, I am writing this letter in support of the application submitted by Joseph Fernandes seeking approval to construct a 1-½ story garage at 33 Gory Brook Road in the R-4 zoning district. I have lived at 130 New Broadway with my wife, Amy, and two children, Merryn and James, for 12 years. My property is diagonally adjacent to 33 Gory Brook. For most of that time the property has been an eye sore derelict. Since Mr. Fernandes purchased the property, he has tirelessly and diligently worked to improve the house and yard. The appearance is well kept and an appealing part of the neighborhood. I believe Mr. Fernandes’ proposal will further improve the property and the neighborhood. It will also alleviate some congestion in street parking. Sincerely, James J. O’Connell Resident 130 New Broadway Webber Park joconnell@marblehillschool.org (718) 561-0973 Fax: (718) 561- 5612 www.marblehillschool.org Magnet School for International Studies � 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-2023 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_2023-09-20_Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/fca1eab1748b321eb41e412d357c4294.pdf 800f188c5cbfa69450d704336a62a05f PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-09-20_44 Howard Street Approved Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/109d1209d7e36ea5389f1b4d95247f9c.pdf 635d1886b0208d68591da120f444fedb PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-09-20_34 New Broadway Approved Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/1684779eff2628ab56777f9f66bb14a9.pdf f99c1945313a4106f75fb624ba9358e5 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-09-20_33 Gorey Brook Road Approved Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/29d3d09b1e54e7eb98c1584cacfdc4c0.pdf dfb0019a238053ab906ac513ee11537f PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting July 26, 2023 Chairman Timothy Church called the meeting to order at 7:00 pm. Present: Timothy Church, Chairman Sandra Tripp Carol Lyden Margaret Rubick Gorete Crowe Thomas Chang Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Craig Lis Agenda: 1) Vinay Gupta and Vanina Schick, 1 Kelbourne Avenue, Proposed additions and alterations- Continued public hearing 2) Gabe Realty Corp., 305 North Washington Street, Proposed three-family residencePublic hearing 3) Landrock LLC, 231 Webber Avenue, Proposed entrance gates, walls, piers, fencingPublic hearing 4) 61 Howard Street Realty LLC, 61 Howard Street, Proposed conversion to a two-family residence-Public hearing 1. Vinay Gupta and Vanina Schick, 1 Kelbourne Avenue, Proposed additions and alterations- Continued public hearing Chairman Church requested that the architect provide a summary of the application and the proposed changes. Niall Cain stated that he is the architect representing the applicants. Mr. Cain presented photographs of the existing house and views from North Broadway and Kelbourne Avenue. Mr. Cain presented renderings of the proposed alterations and summarized the proposed application. Mr. Cain stated that the application proposes to remove 306 linear feet of the stockade fencing. The revised application proposes reinstalling 48 linear feet of 6-foot high fencing along the North Broadway and Kelbourne Avenue property lines and adding (3) 24” by 36” boulders and Skip Laurel hedges where fencing was originally proposed. The proposed fencing will be set back to mirror the line of fencing of the property across the street. Mr. Cain stated that the applicants intend to re-use and relocate the existing fence materials. Mr. Cain presented the revised site plan and stated that he reduced a portion of the driveway from 15.8 feet wide to 13.6 1 (ZBA 7/26/2023) �feet wide and added additional plantings to increase the landscape buffer. Mr. Cain stated that the remainder of the driveway would be 10.6 feet wide as it wraps around the back of the house. Mr. Cain said that one of the planter beds was pushed back to allow for a continuous planting buffer between the pavers and the proposed wall retaining wall. Mr. Cain presented a revised elevation drawing and stated that the planters would be 30 inches high. Mr. Cain presented an elevation drawing illustrating the proposed retaining wall. Chairman Church asked Mr. Cain to describe the wall elevations. Mr. Cain stated that the proposed wall would be one foot above the grade and range from 2 feet to under 4 feet high along the neighbor's side. Chairman Church asked Sean McCarthy if a variance is required for the wall. Sean McCarthy stated that a variance is not required for the wall since the maximum permitted wall height is 5 feet in the side yard. Mr. Cain presented a video of views driving on North Broadway into Kelbourne Avenue and described where the proposed fencing would end and where the applicants propose to install boulders and new plantings. Chairman Church asked Sean McCarthy if the revised application clarifies the requests from the June 21, 2023, meeting and the June 29, 2023, letter from the Building Department. Mr. McCarthy stated that the revised application satisfies the requests of the Building Department. Sandra Tripp requested a summary of each of the requested variances. Chairman Church stated that the first variance relates to the existing non-conforming condition of the house in the front yard setback. The three variances requested for the front yard setback are required for the vestibule addition, the front covered porch, and the additional encroachment into the front yard setback for the third-story addition. Chairman Church stated that the reduced driveway width and additional plantings would minimize the appearance of the front yard setback and eliminate the potential for two cars to pass on the driveway. Chairman Church stated that the requested variance for no side yard setback relates to the proposed planters and pavement. The revised plans confirm that the proposed planter heights are 30 inches. The neighbor to the west at 5 Kelbourne Avenue submitted a letter supporting the revised application. (See attached Exhibit #1). Chairman Church stated that the last variance requests approval to install six-foot-high fencing along North Broadway and Kelbourne Avenue. Margaret Rubick stated that she still has concerns about the 6-foot fence height on Kelbourne Avenue. Mr. Cain stated that the application shortened proposed fence length along Kelbourne Avenue. 2 (ZBA 7/26/2023) �Chairman Church stated that the original application requested approval to install a six-foot high fence running the whole length of the property line. Mr. McCarthy questioned if the applicants propose replacing the 48 linear feet of 6-foot high fencing with the existing fencing material. Mr. Cain stated that the applicants plan to use the existing fencing for the 48 linear feet to provide a more weathered look. Mr. Cain stated there is precedent for similar 6-foot high fencing in the area. Sean McCarthy stated that the applicants would be unable to relocate the existing fence in its current condition. Mr. Cain stated that since the applicants are removing 306 linear feet of fencing, there would be enough fencing in good condition to relocate. Ms. Rubick stated that existing non-conforming conditions do not set a precedent. Ms. Tripp stated that the Board must review any existing non-conforming conditions. Chairman Church solicited comments from the Board. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no comments from the public. Chairman Church moved to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. The proposed entry porch is open. Although the proposed entrance vestibule addition adds bulk to the house, it is small and similar to other entranceways in the neighborhood. The reduced width of the driveway and additional plantings will create an appropriate barrier between the front of the house and the pedestrians. Granting the requested front yard variances will not create an undesirable change to the neighborhood. 2. The requested variance for the third-story addition is not a substantial area variance. 3 (ZBA 7/26/2023) �3. Granting the requested variances will not adversely affect or cause an impact on the neighborhood's physical or environmental conditions. 4. The requested variance for no side yard setback for the planters is not substantial as the proposed 2 ½ -foot height is minimal, and correspondence has been received from the neighboring property owners to support the application. 5. The revised variance request for the six-foot height fencing is appropriate for the area along North Broadway, as it is a difficult road for the houses in the Village Manors. The 6-foot high fence may provide additional sound and visual barriers. Although other neighboring 6-foot fences may not have an approved variance, the proposed fencing will be consistent with the neighboring properties to the North and South, and the applicants are reinstalling the existing fencing material. 6. Although the requested variances are self-created, the Board considers the other factors when granting area variances. Chairman Church moved to approve the revised application with the condition that the applicants shall not deviate from the revised Engineer Plans submitted and that the renderings do not depict approval for construction. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 7. Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Gregory Caccioppoli stated that he is the engineer representing the applicant. Mr. Caccioppoli stated that the lot is vacant due to a fire. The previous structure consisted of five two-bedroom units. The application proposes to construct three two-bedroom units. Mr. Caccioppoli stated that he worked with the Planning Board to determine the best location for the structure that would allow the applicant to provide parking on the lot. 4 (ZBA 7/26/2023) �Chairman Church asked Mr. Caccioppoli how many parking spaces the previous building provided. Mr. Caccioppoli stated that the previous building provided no off-street parking spaces. The application proposes to provide five off-street parking spaces on the property lot and remove two on-street parking spaces on Howard Street to provide driveway access to the property. Approval of the application would result in a net gain of three parking spaces and a reduction in occupancy from the elimination of two units and four bedrooms. Mr. Caccioppoli stated that he completed an analysis of the average setback of homes on North Washington Street to see if he could shift the location of the building to encroach less on the front yard and still provide parking on site. Mr. Caccioppoli stated that the proposed landscaping would provide a buffer from the building and the neighboring properties on North Washington Street and Howard Street. Mr. Caccioppoli presented renderings of the proposed building. Mr. Caccioppoli presented the Site Plan and stated that the average setbacks from the curb to the structures along North Washington Street are approximately 24.3 feet. They are seeking a variance for a 13.5-foot encroachment into the front yard setback where 20.0 feet is required on North Washington Street and a 2.4-foot encroachment into the front yard setback where 10.0 feet are required on Howard Street. Margaret Rubick asked if North Washington Street and Howard Street are one-way streets where the proposed structure is proposed. Mr. Caccioppoli stated that North Washington Street and Howard Streets are one-way and that North Washington Street is a dead-end street. Mr. Caccioppoli stated that the proposed application would improve the neighborhood. Chairman Church asked if they are proposing the units to be rentals. Gabriele Arango stated that he is the President of Gabe Realty Corp. and the property owner. Mr. Arango stated that the units would be rentals. Chairman Church asked Mr. Caccioppoli to confirm that the previous building offered no onsite parking. Mr. Caccioppoli stated that the application proposes to supply five on-site parking spaces. They propose eliminating two on-street parking spaces to create the driveway curb cut. Mr. Caccioppoli said they plan to redo the sidewalks and add a crosswalk. Chairman Church stated that the availability of parking is very tight in the area of the Village. If a property owner charges additional fees to park in off-street spaces, tenants often utilize onstreet parking spaces instead of paying additional costs. Chairman Church stated that the Board recently approved a three-family residence application with the condition that the owner agreed to designate one off-street parking space to each unit without charging an additional fee. Chairman Church stated that Sean McCarthy agreed to enforce the condition if someone brings it 5 (ZBA 7/26/2023) �to his attention. Chairman Church asked Mr. Caccioppoli if the owner would agree to this condition. Mr. Arango stated that he agrees to the condition that each unit will include a parking space as part of the rent and that he does not charge for parking at any of his properties. Chairman Church solicited comments from the Board regarding the proposed setbacks. There were no comments from the Board. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. Carmen Chimbo stated that she owns 304 North Washington Street and asked if the entrance will be on North Washington Street or Howard Street. Mr. Caccioppoli stated that the proposed entrance to the parking lot is on Howard Street. The Board received written comments from Patricia Minchalo, the owner of 305 North Washington, on July 24, 2023 (See attached Exhibit #2) There were no other public comments. Chairman Church moved to close the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. The proposed dwelling units will enhance the neighborhood's character from what the prior building was and what is currently there. 2. Although the applicant could reduce the number of dwelling units to conform to the parking requirements, the building is proposed to reduce the units by two and reduce the bedroom count by four. 3. Granting the variance for the parking for three parking spaces is not substantial because the applicant proposes to provide five off-street parking spaces on the property lot, which will result in less of a burden on the neighborhood where the prior building had no offstreet parking. 4. The requested variances for the front yard setbacks are consistent with the neighboring properties and appropriate for the location of the building. 6 (ZBA 7/26/2023) �5. Granting the requested variances will not adversely affect or cause an impact on the neighborhood's physical or environmental conditions. 6. The proposed application is not a self-created hardship because the proposed building will conform more to the code than the previous structure. Chairman Church moved to approve the application with the condition that one (1) on-site parking space will be designated for each of the three dwelling units at no additional fee. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 8. Landrock LLC, 231 Webber Avenue, Proposed entrance gates, walls, piers, fencing - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Allison Fausner stated that she is an associate at the law firm Cuddy + Feder, LLP, covering for her colleague William Null and appearing on behalf of the applicant. Ms. Fausner requested a one-year extension of the previously granted area variances described in the notice for driveway improvements related to gates, piers, and fences to create a barrier between the approved subdivision and Webber Avenue. Ms. Fausner stated they have been working with the County Health Department and the Village Building Department to permit and build the irrigation system. They are working with the manufacturers to complete the Building Permit applications and drawings required for the construction of the improvements granted by the Zoning Board and the Planning Board. Ms. Fausner stated that there are no changes to the proposed improvements. Chairman Church asked Sean McCarthy if the Board considers the application as a renewal of the previously approved variances. Sean McCarthy stated that the application remains the same. Ms. Fausner stated that the application is identical, and the applicant requests an extension. 7 (ZBA 7/26/2023) �Chairman Church asked Ms. Fausner to confirm that the plans have not changed since the Board approved the original application. Chairman Church asked Ms. Fausner if the only circumstantial change since the July 2022 approval was the sale of two property lots. Chairman Church asked Ms. Maiello if Landrock LLC is responsible for the bridge. Chairman Church asked who owns Landrock LLC. Ms. Fausner stated that Landrock LLC is a cooperation, and the principal partner is Michael Rockefeller. Two property lots have sold since the original application, and they have submitted authorization from the new owner. Chairman Church stated that the Board received authorization from 2 for 31 LTD for Landrock, LLC Cuddy + Feder to appear on his behalf. Chairman Church stated that the Board has to consider if there was a change to the neighborhood's character since the granted variances. Gorete Crowe asked Ms. Fausner how much time they request for the extension. Ms. Fausner stated that the applicant is requesting a one-year extension Chairman Church moved to open the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church solicited comments from the public. There were no public comments. Chairman Church moved to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Chairman Church moved to approve a one-year extension of the application approved on July 20, 2022, with the condition that there is no change to the approved engineering plans and no change to the neighborhood's character. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 8 (ZBA 7/26/2023) �9. 61 Howard Street Realty LLC, 61 Howard Street, Proposed conversion to a two-family Residence - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. John Lentini stated that he is the architect representing the applicant. Mr. Lentini presented photographs of the existing conditions of the building. Mr. Lentini stated that the owner purchased the property with the understanding that it would need renovations to be habitable. Mr. Lentini stated that the lot area and lot width are existing non-conforming. The front portion of the building was constructed in 1888, and it is unclear when the rear portion was added. The application proposes removing the garage structure to reduce the overall building coverage, reduce the impermeable surface by 100 square feet, and create a grassed lawn area. Mr. Lentini stated that the owner purchased this property with pre-existing hardships and that increasing the property's taxability would benefit the neighborhood. Mr. Lentini stated that multi-family houses surround the lot, and approval to convert the house into a two-family residence would add more value to the property. Mr. Lentini described the proposed renovations and stated that there would be no change to the building footprint and they plan to create two tandem parking spaces proposed in the driveway. Sean McCarthy stated that the as per the Zoning Code, only a single-family residence is permitted on a non-conforming lot. The Planning Board recommended that the applicant reduce the impervious surface area and suggested providing tandem parking spaces in lieu of additional pavement in the rear yard. Sandra Tripp asked Mr. McCarthy for the minimum lot area required for a single-family residence. Mr. McCarthy stated that the 4,000 square feet required minimum lot area is the same for single and two-family residences. Mr. Tripp stated that a single-family residence would still require a variance for the lot area, building coverage, and massing. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no comments from the public. 9 (ZBA 7/26/2023) �Chairman Church moved to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. The lot area, width, and front and side yards are existing non-conforming. 2. The application does not propose any changes to the building footprint; the proposed improvements to the building and the lot will benefit the neighborhood's character and are not substantial due to the existing non-conformities. 3. A two-family residence is consistent with the building uses in the surrounding area, and the applicant will provide the required parking spaces on site. 4. Removal of the garage will reduce the amount of impervious surface area on the property and reduce the overall massing of structures on site. 5. The proposed application will not adversely affect or cause an impact on the neighborhood's physical or environmental conditions. 6. Although the proposed application may be considered self-created, the owner inherited the existing non-conforming conditions when he purchased the property, and the proposed renovations will increase the property's taxable value. Chairman Church moved to approve the application. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 10. Approval of minutes - June 21, 2023 A motion was made to approve the June 21, 2023 minutes as amended. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes 10 (ZBA 7/26/2023) �Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED Chairman Church moved to close the meeting at 8:30 PM. Moved: Church Seconded: Rubick Vote 6-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 11 (ZBA 7/26/2023) �Exhibit #1 �Exhibit #2 Subject: Date: 305 N. Washington Street _ 7-24-23 Correspondence Received from Partrica Minchalao owner of 16 Howard Street. From: Patricia Minchalo Date: July 24, 2023 at 9:18:41 PM EDT To: smcarthy@villageofsleepyhollow.org Subject: 305 North Washington street To whom it may concern: I hope this email finds you well. I wanted to bring some issues with the planning on the above address. I’ve taken a look at the plans and removing two parking spaces from Howard street does not seem efficient for the current residents. We already struggle to find parking on a good day removing 2 will definitely make it even tougher. Unless you guys are proposing to implement an over night parking permit for Howard st it doesn’t not seem appropriate to remove those two space. Sincerely Patricia Minchalo Sent from my iPhone � 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-2023 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_2023-07-26 Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/3e9497b63be7393bbe29e385f1bfc288.pdf b10ee999043aec8307164f26cd0cee09 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-07-26_61 Howard Street Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/e47e6d49fb5c928cdb55fe587b8858bc.pdf 02dc33940cc1d462f9089fbdad191aa8 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-07-26_305 N. Washington Street Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/b8bf7ad28aba07c3e40b7ab8ee40e60e.pdf f11095c0ff135363e30360af8e05ae53 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-07-26_231 Webber Avenue Appproved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/096bbdb3d6bfe43c498026695560d8a7.pdf 4ada9967c1fd3f8234def7f2b70c5980 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-07-26_1 Kelbourne Avenue Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/c5af512e509f248f78af7d2ad256bd20.pdf 9988b9233c63a425c50f23e748010731 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting June 21, 2023 Chairman Timothy Church called the meeting to order at 7:00 pm. Present: Timothy Church, Chairman Craig Lis Margaret Rubick Gorete Crowe Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Sandra Tripp Carol Lyden Thomas Chang Agenda: 1) Jeffrey White, 42 Hudson Street, Proposed two-story addition - Public hearing 2) Vinay Gupta and Vanina Schick, 1 Kelbourne Avenue, Proposed additions and alterations- Public hearing 3) Approval of minutes, April 19, 2023 1. Jeffrey White, 42 Hudson Street, Proposed two-story addition- Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church stated that the since there are only four members of the Board present, the vote must be unanimous. The applicant has the option of deferring the decision to the next meeting. Chairman Church invited the applicant to present the application. Kathy Sullivan stated that she is the architect representing the applicant as required by the condition of the September 15, 2021 approval. Ms. Sullivan stated that the approval granted by the Board expired. Since the approval, the Zoning District has changed from the R-4A to the R-5 district. The R-5 Zoning District increases the one-side yard setback requirements from 3 feet to 5 feet and the combined side yard requirements from 12 feet to 15 feet. Ms. Sullivan stated that the applicant proposes to enclose the addition’s lower lever and increase the one-side yard setback from .60 feet to 1 foot to accommodate footings. Ms. Sullivan presented photographs of the existing house and directional views of Hudson Street. Ms. Sullivan presented plans that illustrated the proposed addition's setbacks and area. 1 (ZBA 6/21/2023) �Chairman Church asked Ms. Sullivan to explain if the increased setback would reduce the size of the proposed addition by 5 inches. Ms. Sullivan stated that the proposed 15-foot by 18-foot addition dimensions remain the same. Ms. Sullivan presented renderings to show views of the proposed addition from the neighboring property to the right, the vacant lot on the left, and the rear of the property. Craig Lis asked Ms. Sullivan to confirm that the proposed addition will be in the rear of the house. Ms. Sullivan stated that the proposed addition is entirely on the rear of the house. Chairman Church asked Ms. Sullivan for the distance between the addition’s side, which includes a window, and the neighboring property line. Ms. Sullivan stated that there are approximately 6 feet between the proposed window and the neighboring property line. Chairman Church asked Ms. Sullivan to describe the uses of the proposed addition and what area they propose to enclose since the previous approval. Ms. Sullivan stated that the lower level was originally an open screened-in area. The application proposes to enclose the lower level as a family room and add a bedroom, studio, and bathroom on the second floor. Chairman Church solicited questions from the Board. There were no questions from the Board. A motion was made to open the public hearing. Moved: Church Seconded: Crowe Vote 4-0 Chairman Church solicited comments from the public. There were no comments from the public. A motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 4-0 Chairman Church made a motion to approve the requested variances based on the following criteria: 2 (ZBA 6/21/2023) �1. The requested variances will not produce an undesirable change in the neighborhood or a detriment to nearby properties, as the width of the proposed addition is consistent with the existing house, and the length of the proposed addition is consistent with neighboring properties. 2. There is no other way to achieve the benefit sought by the Applicant to increase the square footage on the non-conforming property lot without requesting a variance. 3. The requested variances are not substantial as the addition will not be visible from the street and only visible to two neighboring properties because it backs up against MetroNorth. 4. Granting of the area variances will not cause an impact on the physical or environmental conditions of the neighborhood. 5. Although the requested variances are self-created, there are other factors the Board considers when granting a variance. A motion was made to approve the application. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Craig Lis - yes Gorete Crowe - yes Vote 4-0 APPROVED 2. Vinay Gupta and Vanina Schick, 1 Kelbourne Avenue, Proposed additions and alterations- Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Chairman Church stated that the Board received letters in support of the application. (See Exhibits #s 1, 2, and 3) Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church stated that although there are four Board members present, one of the Board members lives across the street from the applicants’ property. Normally if a Board member lives within the notice area, they would abstain from voting on the application to avoid a conflict of interest. Chairman Church stated that the Board can hear the presentation, but since only four members are present, the vote must be unanimous. The applicants can defer the decision to the next meeting or waive the potential Board member conflict and request that the Board vote on the application tonight. 3 (ZBA 6/21/2023) �Niall Cain stated that he is the architect representing the applicants. Mr. Cain presented a parcel map to show the location of the property. Mr. Cain presented photographs of the existing house, neighboring property, and views from North Broadway. The application seeks to alter the driveway while keeping the existing curb cut, entrance, and exit. Mr. Cain stated that they propose to remove the existing 6-foot-high fencing and replace it with 6-foot-high wood stockade fencing along the property line. Mr. Cain stated that the applicants propose to keep the existing footprint of the house and construct an addition at the rear of the house and an entry portico addition at the front. Mr. Cain presented the proposed site plan and stated that the applicants propose to replace the existing asphalt driveway with a garden to create a more pleasant side yard. Mr. Cain stated that he has worked with the Village Engineer to confirm that the slope of the proposed driveway is 9.44% and in compliance with driveway requirements and the turning radius work for any normal residential vehicle. Mr. Cain presented a rendering of the proposed house and stated that the existing house is 22.42 feet high. The applicants propose to raise the house’s roof to 31.25 feet high. The proposed third-story addition requires a variance for the front yard setback. The proposed vestibule addition and canopy would project 2.8 feet into the front yard setback and requires a variance for the front yard setback. Mr. Cain summarized the details for the proposed exterior materials and the addition. Mr. Cain stated that the renderings tell the story of the proposed application. Chairman Church asked Mr. Cain if a height variance is required. Mr. Cain stated that the proposed 31.25-foot building height does not require a variance. Chairman Church asked Mr. Cain to explain the reason for curving the driveway around the side house. Mr. Cain stated that the proposed driveway location, compared to the existing orientation of the house and the blacktop, would be a big improvement for the applicants and the neighboring property owner in terms of getting the cars away and bringing them around to the side of the house. Mr. Cain stated that the proposed driveway would be impervious brick pavers that would be aesthetically pleasing compared to blacktop surfaces. Chairman Church asked Mr. Cain to present the proposed site plan drawing. Chairman Church asked Mr. Cain if moving the driveway entrance east instead of in front of the proposed vestibule would cause a grade issue. Mr. Cain stated that moving the driveway entrance to the east would be dangerous due to the site lines from North Broadway. Chairman Church asked Mr. Cain where they propose to install 6-foot high fencing. Mr. Cain indicated on the proposed site plan where 6-foot fencing is proposed. Craig Lis asked Sean McCarthy if there are any exceptions to fence height regulations for fences along Route 9. 4 (ZBA 6/21/2023) �Sean McCarthy stated that the maximum permitted fence height in required front yards is 3 feet. Chairman Church stated that installing a 6-foot high fence to the curb cut would affect visibility for drivers heading east or southwest on New Broadway and those coming into the driveway. Gorete Crowe suggested that the applicant install fencing that gradually steps from 6 feet to 3 feet in height or install 3-foot high fencing with plantings to provide additional privacy. Magaret Rubick stated that property owners often come to the Board requesting to replace an existing 6-foot high fence. As per the Zoning regulations, the maximum permitted height in front yards is 3 feet and applies to all property owners, even Board members. Vanina Schick stated that she is the property owner. Ms. Schick stated that she is requesting the 6-foot fence height to protect her toddler from the dangerous conditions of Route 9. Chairman Church stated that the Board would consider a 6-foot fence along the straight portion of Route 9 and suggested gradually reducing the fence to 3 feet around the curve may improve visibility and safety. Mr. Cain displayed the current condition along the curb of Route 9 and stated that a 6-foot high fence would not cause visibility issues. Vinay Gupta stated that he is the property owner. Mr. Gupta stated that the application proposes to remove fencing on the property as a whole and that the proposed fencing would not cause a visibility issue. The requested fence height is for safety rather than privacy. Chairman Church requested that Mr. Cain present the photographs showing views of the fencing along North Broadway. Mr. Cain stated that there is already a precedent for 6-foot stockade fencing along properties on North Broadway. Sean McCarthy asked Mr. Cain if he has revised the curvature of the driveway entrance on the Site Plan since the applicant was before the Planning Board. Mr. Cain stated that he did not change the Site Plan since meeting with the Planning Board. Sean McCarthy stated that the rendering does not match the proposed Site Plan. The rendering depicts the walkway as parallel with the front of the vestibule addition, and the Site Plan shows the walkway is almost flush with the house. Mr. Cain stated that the walkway in the rendering curves and the dimensions on the Site Plan are accurate to what they propose to build. 5 (ZBA 6/21/2023) �Mr. McCarthy stated that the renderings misrepresent the proposed Site Plan. Mr. Cain disagreed and stated that the renderings match the Site Plan. There was a discussion regarding the discrepancies in the rendering as compared with the Site Plan. Mr. Cain stated that the proposed driveway curve complies with the maximum radius and highway guidelines for residential vehicles. Chairman Church stated that the application proposes to increase the encroachment into the front yard setback where the house is already non-conforming with the minimum required setback. The driveway would seem like a road in the front yard from the sidewalk. Chairman Church requested that the applicant consider reducing the driveway width on the west side and suggested they consider creating a walkway across the driveway using materials similar to the walkway and stairs at the vestibule addition. Ms. Schick stated that the materials proposed for the driveway are not asphalt. Chairman Church stated that it is not the purview of the Zoning Board to dictate the use of certain materials because if the applicant sells the house, a new owner may not want to use the permeable pavers. The Board would decide on granting the area variance based on the dimensions of the driveway. Chairman Church stated that the Board considers granting variances for excessive fence heights when there is a safety reason and that they need to be careful not to grant a variance that may cause a safety issue. Chairman Church requested that the applicant provide views from North Broadway to judge the visibility pulling out of the proposed driveway and the visibility for drivers entering Kelbourne Avenue from North Broadway. Chairman Church requested that the applicant provide documents to show the height of the fencing on the property to the north. Mr. Gupta asked if a prior incident of a car going through a fence warrants the consideration of a 6-foot fence as a safety issue and if there is special consideration given for corner lots along North Broadway as they relate to front yard designations. Mr. McCarthy stated that the height of a fence would not stop a car from going onto the property from North Broadway. There was a discussion regarding the reasoning for the permitted fence height regulations, the exceptions the Board considers for corner lots along North Broadway, and what the Board suggests for the requested fence heights. The Board members agreed that the fence should taper from 6 feet to 3 feet in height. Chairman Church asked the applicants if the requested zero foot in the side yard setback is for the proposed garden. 6 (ZBA 6/21/2023) �A motion was made to close the meeting at 8:30. Moved: Church Seconded: Crowe Vote 4-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 8 (ZBA 6/21/2023) �Exhibit #1 �Exhibit #2 �Exhibit #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-2023 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_2023-06-21_Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/94d2c0151abd2340b111d0973257a3c2.pdf e6bd679e1b8d7b61f2a643f320529226 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-06-21_42 Hudson Street Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/1b48af74a2b149f80485c14759d129e9.pdf 5ca31457e8b1f3a14656d8eb9144e04e PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-04-19 _40 Hudson Street Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/c3e814b613ced43ccddf5f52f4dfc9ae.pdf c6c3c65be28829a3445a57e5f696496f PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting April 19, 2023 Chairman Timothy Church called the meeting to order at 7:07 pm. Present: Timothy Church, Chairman Craig Lis Sandra Tripp Carol Lyden Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Margaret Rubick Thomas Chang Gorete Crowe Agenda: 1) Lindsay Krakauer, 40 Hudson Street, Proposed second-floor addition - public hearing 2) Approval of minutes, February 15, 2023, March 15, 2023 1. Lindsay Krakauer, 40 Hudson Street, Proposed second-floor addition- Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church stated that the since there are only four members of the Board present, the vote must be unanimous. The applicant has the option of deferring the decision to the next meeting. Chairman Church invited the applicant to present the application. Amanda Linhart stated that she is the architect representing the applicant. Ms. Linhart stated that the application proposes removing the sloped shed room and constructing an open second-floor deck and railings over the front porch. The proposed balcony would not extend further into the front or the sides of the house. Ms. Linhart stated that second-floor balconies are common on Hudson Street and that there are four houses with second-floor street-facing balconies. Chairman Church asked Ms. Linhart if the building south of 40 Hudson Street is set closer to the street curb and if the proposed deck would appear recessed from the street. Ms. Linhart stated that 40 Hudson Street is set back further than the houses on either side. 1 (ZBA 4/19/2023) �Sandra Tripp stated that it appears the neighbor to the south constructed a full second story where there may have been a porch. Chairman Church stated that the application does not propose to increase the footprint of the house or increase the height of the house. Chairman Church solicited questions from the Board. There were no questions from the Board. A motion was made to open the public hearing. Moved: Church Seconded: Tripp Vote 4-0 Chairman Church solicited comments from the public. There were no comments from the public. A motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 4-0 Chairman Church made a motion to approve the requested variances based on the following criteria: 1. The requested variances are due to an existing non-conforming lot. 2. The requested variances will not produce an undesirable change in the neighborhood’s character, as second-floor porches are consistent with other houses on the street. The proposed second-floor porch will not extend closer to the sidewalk or at the north or south facades, and the footprint of the house will remain the same. 3. There is no other way to achieve the benefit sought by the Applicant to have a secondfloor porch. 4. The requested variances are not substantial, as the applicant is not proposing to increase the house’s footprint. 5. Granting of the area variances will not cause an impact on the physical or environmental conditions of the neighborhood. 6. Although the requested variances are self-created, it is not the only factor the Board considers when granting a variance 2 (ZBA 4/19/2023) �Motion was made to approve the application. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Sandra Tripp - yes Craig Lis – yes Carol Lyden - yes Vote 4-0 APPROVED 2. Approval of minutes - February 15, 2023, March 15, 2023 A motion was made to approve the February 15, 2023, and March 15, 2023 minutes as amended. Moved: Church Seconded: Lis Timothy Church, Chairman - yes Sandra Tripp - yes Craig Lis – yes Carol Lyden - yes Vote 4-0 APPROVED A motion was made to adjourn the meeting at 7:30 pm. Moved: Church Seconded: Tripp Vote 4-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 3 (ZBA 4/19/2023) � 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-2023 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_2023-04-19 Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/959e020607f444ac2f66c7f0c45c437f.pdf 952a5a0fd806f7816ec1fac93de5c8ff PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-03-15_46 Hudson Street Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/5c0444fb68b6987810fbf9ef1410d6d3.pdf 23791f474f09c470b71d9bed714f227f PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-03-15_124 Hunter Avenue Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/defa9966cdacf00ae9cce8be592fec70.pdf 56ec787216a07535d5549271d44ef9c6 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-03-15_435 Bellwood Avenue Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/a425257ffad72813981f861c660208c5.pdf fde61178ee54a5151adb5afb3a447fb0 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-03-15_465 Munroe Avenue Approved ZBA Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/8961f858beac00b8a3ffd6f842bdbdb7.pdf 53dca5668e8839df6caf3490162b0ce2 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting March 15, 2023 Chairman Timothy Church called the meeting to order at 7:02 pm. Present: Timothy Church, Chairman Craig Lis Gorete Crowe Sandra Tripp Thomas Chang Carol Lyden Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Margaret Rubick Agenda: 1) 46 Hudson St. LLC, 46 Hudson Street, Proposed three-family residence - Continued public hearing 2) Dennis and Margaret Kraft, 124 Hunter Avenue, Proposed 4 foot high fencing- Public hearing 3) Sean Bell-Thomson & Alexandra Electric, 465 Munroe Avenue, Proposed addition and alteration- Public hearing 4) Michael Evry and Laura Bedrossian, 435 Bellwood Avenue, Proposed 5 foot high fencing- Public hearing 5) Approval of minutes, January 18, 2023 1. 46 Hudson St. LLC, 46 Hudson Street, Proposed three-family residence- Continued Public hearing Brian Hopkins stated that he is the architect presenting on behalf of the Applicant. Mr. Hopkins stated that they completed a zoning study in order to break down the six requested variances by the five characteristics that allow the Board to make a decision. Chairman Church asked Mr. Hopkins if there are proposed changes to the dimension or the location of the building since the last public hearing. Mr. Hopkins stated that there are no proposed changes to the shape or location of the building and the applicant proposes to maintain a three-foot setback from the north side of the building. Mr. Hopkins stated that the proposed building is in keeping with the nature of the street and the proposed building is smaller than the existing building. 1 (ZBA 3/15/2023) �Mr. Hopkins presented an existing street elevation drawing and stated that the residences located at 54 Hudson Street and 34 Hudson Street are buildings that were re-constructed. Mr. Hopkins listed the six requested variances. Mr. Hopkins quoted a section of a document that discusses the rules for granting area variance from New York State and stated that the applicant believes that granting of the proposed variances will result in an improvement to the street. Mr. Hopkins quoted a section of the Village of Sleepy Hollow Comprehensive Plan and stated that it specifically addresses ways to encourage redevelopment on Hudson Street. Mr. Hopkins stated that Hudson Street is a transit-orientated hub, adjacent to the Tarrytown train station, which requires less parking. Purchasing and consolidating adjacent parcels is unrealistic for developers. Mr. Hopkins stated that the only way to encourage redevelopment on the street is through granting variances. Mr. Hopkins suggested that the Village could alleviate parking pressures through parking permits for the street. Chairman Church asked if the revised Zoning Code changed the requirements of the combined side yard setback. Mr. Hopkins stated that he was unsure if combined side yard setback requirements were changed. Mr. Hopkins presented a diagram to detail the current land use in the surrounding target areas and stated that 42% of the homes are two-family and three-family residences. Chairman Church asked Mr. Hopkins if he determined how many homes are two-family and how many homes are three-family. Mr. Hopkins stated that he is using data provided by the Village of Sleepy Hollow and that he would need to conduct a full building analysis confirm the two and three-family uses. Mr. Hopkins presented diagrams that detailed that number of parking stalls provided by undersized lots less than 4,000 square feet in the target area. Mr. Hopkins stated that only 19% of the target area provides three or more parking stalls on site. Chairman Church asked Mr. Hopkins how many of the lots provide more than three parking stalls on site. Mr. Hopkins stated that 46 Hudson is one of only (3) lots in the target area that are two-and three-family uses that have three parking stalls. Mr. Hopkins stated that there are (76) lots where no on-site parking spaces are provided and there are (6) lots providing three parking spaces. Mr. Hopkins presented diagrams and images to address the responses to the five criteria factors as they relate to the requested variances for the existing lot area, lot width, the proposed front and side yard setbacks, and the proposed parking. 2 (ZBA 3/15/2023) �Sandra Tripp stated that Mr. Hopkins should represent his statements as his opinion and not as a fact of what is possible in accomplishing the redevelopment of the property. Chairman Church asked Mr. Hopkins to provide the proposed side yard setback for the north and south sides of the building. Mr. Hopkins stated that the application proposes a 3-foot side yard setback on the north side, which will allow the applicant to add windows and eliminate the fire-rated wall requirements. They propose a 10-foot side yard setback on the south side of the building. Chairman Church asked Mr. Hopkins to confirm if the proposed side yard setback on the north side has changed since the last meeting. Mr. Hopkins stated that originally, the proposed side yard setback on the north side was 2 foot 7 inches, and they changed it to 3 feet. Chairman Church asked if the width of the proposed building changed. Mr. Hopkins stated that the proposed building width decreased by 5 inches. Mr. Hopkins stated that the existing conditions of the property provided for one (1) parking stall. The proposed application would provide (3) parking stalls. The existing residence and proposal had (7) bedrooms and their revised application proposes (6) bedrooms, which will require a variance for three (3) additional parking spaces. The proposal will provide 50% of the required parking spaces. Chairman Church stated that if the applicant proposed a two-family unit, they could propose eight (8) bedrooms and still have sufficient parking because only one parking space is required per unit as per Code. Mr. Hopkins stated that they are targeting transit-oriented families that will live in Sleepy Hollow and commute to the City. Chairman Church asked Mr. Hopkins if the applicant would agree to designate one parking space per unit without charging the tenants an additional fee. Alex Tseng is the owner of the property and stated that he would be open to including one designated parking space for each unit at no additional charge as a condition of the Zoning Board approval. Mr. Hopkins presented a parking analysis diagram and comparison of other properties on Hudson Street to demonstrate how many parking stalls are available on Hudson Street and suggested that if the Village provided permit parking on the street and in the municipal lot, it would alleviate the parking problems. Chairman Church stated that there are no current parking requirements to park on Hudson Street. 3 (ZBA 3/15/2023) �Chairman Church solicited comments from the Board. Gorete Crowe asked Mr. Hopkins how many bedrooms are proposed on the third floor. Mr. Hopkins stated that there are (2) bedrooms proposed on the third floor. Sean McCarthy asked Mr. Hopkins to confirm the existing lot area calculations. Mr. Hopkins stated that the existing lot area is 3,965 square feet. Motion was made to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. Steven Maceyak stated that he is the owner of the Bridge View Tavern and that the proposed project is too big. Mr. Maceyak stated that the job of the Zoning Board is prevent developers from over-building, and to keeping the character of Hudson Street. Mr. Maceyak stated that he built the parking lot for 13 cars thirty years ago because there were problems with parking. Mr. Maceyak stated that if the proposed house was scaled down to a two-family residence, it may take the applicant a little longer to get his investment back, but he wouldn’t need as many of the variances. Clara Teagle stated the she is the owner of 38 Hudson Street. Ms. Teagle read her letter submitted on February 14, 2023 (See Exhibit #1). William White stated that he lives as 48 Hudson Street. Mr. White stated that his family has lived in Tarrytown and has owned the property for over 38 years. Right now, there is a 10-foot gap between 46 and 48 Hudson Street. The proposed project is requesting to build the new building 36 inches from the 48 Hudson Street structure. There are three windows on the south side of the 48 Hudson building. If the proposed structure is built that close to his house, it will take away sunlight, ventilation, and privacy. A westerly wind tunnel would be created between the buildings that could potentially damage the existing structure of 48 Hudson Street. Ed Oliveira stated that he owns 24 Hudson Street and that the proposed project would be at the expense of the residents and the neighborhood. Mr. Oliveira stated that he had to provide parking in order to get a variance approval in 1987. Mr. Oliveira stated that parking is already a detriment to the neighborhood and residents are forced to park on Beekman Avenue and River Street. The request for a three-family residence is excessive even though the parking requirement is less for a two-family, regardless of the number of bedrooms. The proposed application would have an adverse effect on the neighborhood as it relates to parking. The proposed application is a self-created hardship because the applicants were aware of the zoning requirements. Although side yard setbacks are an issue with some properties, these are existing conditions that have been 4 (ZBA 3/15/2023) �in effect for over 100 years. Mr. Oliveira requested that the Board not allow the project to move forward. William White asked the Board to confirm that they received his letter containing the references related to wind studies. Chairman Church stated that the Board received his letter (See Exhibit #2). Motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the Board. There were no further comments from the Board. Chairman Church stated that at the first presentation the applicant sought a building that was larger. The original application proposed a north side yard setback of 2 feet, 7 inches, which would have required the exterior wall to be fire-rated. The revised application proposes to add 5 inches to the north side yard setback to provide a 3-foot separation on the north side. The 3-foot side setback will allow the applicant to provide windows on the north side eliminating the need for fire-rating and produce a more aesthetic building. The applicant has also reduced the number of bedrooms from seven to six, which creates the likelihood of less of a parking space strain on the neighborhood. The existing building was a two-family building with a larger footprint than the applicant is proposing and contained seven (7) bedrooms. The proposed application reduces the number of bedrooms while increasing the number of families. The parking demand for the proposed building may be the same as previously existed. The proposed three-family building with six (6) bedrooms will not result in a material difference or increased burden on the neighborhood in terms of the parking requirement. The applicant has agreed not to charge the tenants extra to park in the spots behind the house. Chairman Church asked Sean McCarthy how the applicant could inform prospective tenants about the designated parking spots, and if the Building Department could enforce the parking arrangements. Mr. McCarthy stated that the designated parking spots could be part of the tenant lease agreements. The Building Department could enforce the designated parking spots as a condition of the variance approval, and the Planning Board would incorporate the condition as part of the Site Plan approval. Chairman Church stated that although the application proposes to move the south side of the building closer the to the north side border, there will still be 3 feet of access to the 48 Hudson Street building. Chairman Church stated that he assumes that the developer would allow reasonable access to the 46 Hudson property as needed for repairs at 48 Hudson Street. Chairman Church stated that it is within the applicants rights to decide which side of the lot the building is located. The front yard setback will be consistent and similar to the other buildings on the street. The lot area and lot width are existing non-conforming conditions. Although the application is a self-created hardship and there are other potential alternatives, there are other three-family 5 (ZBA 3/15/2023) �residences in the area so the proposed building would not result in an overall detriment to the neighborhood. The requested variances are not substantial when compared to neighboring property conditions. Gorete Crowe asked Sean McCarthy to confirm that the building is required to comply with the Fire Code. Sean McCarthy stated that the building would require a full automatic fire sprinkler system with smoke, carbon monoxide and fire separation between the different dwelling units. Sandra Tripp asked Sean McCarthy if the application satisfies the requirements for the combined side yards setback, and if they could build up to the property line as of right. Mr. McCarthy stated that the minimum side yard setback is five feet. The combined side yards setbacks are required to add up to 15 feet. Sandra Tripp stated that if the Board grants the requested variances it would permit one side yard to be 2 feet less than the minimum and 2 feet less of the combined side yards setback at 13 feet. Motion was made to approve the revised application with the condition that one on-site parking space will be designated to each of the three dwelling units at no additional fee. Moved: Church Seconded: Crowe Chairman Church polled the Board members for their votes on the application. Timothy Church, Chairman - yes Sandra Tripp - no Thomas Chang - yes Craig Lis - yes Gorete Crowe- yes Carol Lyden - yes Vote 5-1 2. APPROVED Dennis and Margaret Kraft, 124 Hunter Avenue, Proposed 4 foot high fencing- Public hearing Chairman Church read the public notice and listed the documents submitted with the application, and asked Sean McCarthy to confirm that all of the mailing receipts have been received. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Dennis and Margaret Kraft stated that they are the owners of 124 Hunter Avenue. Mr. Kraft presented the property survey and stated that there are 12 feet from their property line to Hunter 6 (ZBA 3/15/2023) �Avenue. The proposed fence will be located 22 feet from the stop sign on the corner of Hunter Avenue and 20 feet from Bellwood Avenue. The elevation of Bellwood Avenue is higher than their property. Mr. Kraft provided a specification of the proposed fencing and photographs depicting where they proposed to install fencing in relation to their property line, the existing hedges and the streets. Mrs. Kraft stated that they have no other options because they do not have a backyard. Craig Lis asked Sean McCarthy to confirm the front yard setback where the fence height would not require a variance to be above 3 feet high. Sean McCarthy stated that if the applicants installed the fence 30 feet in from the property line, a higher fence would not require a variance. Mrs. Kraft stated that they are requesting a variance for a 4-foot high fence to contain their dog. Chairman Church asked the applicants if they are proposing to put the fence behind the existing hedges. Mr. Kraft stated that they propose to install the fence way behind the hedges. Chairman Church asked the applicants if there are other fences on Hunter Avenue. Mrs. Kraft stated there are fences on the Bellwood Avenue and Devries Avenue. Mr. Kraft stated that there are more fences along Bellwood on the side yards. Chairman Church stated that a fence is out of character on Hunter Avenue. Sandra Tripp stated that she is concerned about precedent because the Board has declined other applications requesting to go from a 3-foot high fence to a 4-foot high fence based on the guidelines for regular shapes lots. Since they have a corner lot, it is an irregular shaped lot and is open to interpretation, and the Board should not grant a variance solely based on a way to better contain a dog, as it is a self-created hardship. If the Village decided to remove the hedges and put in a sidewalk, the fence may be the only visible fence along the edge of the property line in the neighborhood. The applicants stated that the hedges are higher than (3) feet and are causing obstructed views. They have paid to maintain them for the Village. Sean McCarthy stated that the property owners are required to maintain the hedges even though they are located on the Village property Right of Way. Mrs. Kraft stated that the proposed fencing would not cause an obstruction because their property line is so far back from the street. 7 (ZBA 3/15/2023) �Craig Lis stated that they do not have the option of going back 30 feet from the property line to install a fence higher than 3 feet because of the shape of their lot. Thomas Chang asked Mr. Kraft for the distance from the property line to the existing flag stone walkway. Mr. Kraft stated that the property line touches the corner of the garage and the flag stone walkway goes into the Village property. There was a discussion between the Board and the applicants on where the fencing is proposed. Chairman Church stated that the neighborhood has an open characteristic and that there are few fences above 3 feet in the front yards of houses in the Manor’s, and that he is not aware of any fences on Hunter Avenue. Thomas Chang stated that the shape of their lot is triangular and does not allow them to consider going back 30 feet to install a higher fence. When they consider precedent, this lot is not consistent with other lots in the neighborhood. Craig Lis stated that their property line is far back from the street line. Sandra Tripp stated that the hedges are not in the Board’s purview for height restrictions. Chairman Church asked for the distance between the rails of the proposed fencing. Mr. Kraft stated that he was unsure of the distance between the rails of the proposed fencing. Motion was made to open the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church solicited comments from the public. Michael Evry stated that he is the owner of 435 Bellwood Avenue and stated that their house is on the corner of Bellwood Avenue and Devries Avenue. Mr. Evry stated that there are street facing fences that are 4 feet or higher in the neighborhood but they may be subject to front or side yard interpretation. Gay Daly stated that she is the owner of 127 Hunter Avenue and that her house is directly across the street from the applicant’s property. Ms. Daly stated that the applicants have an incredibly challenging lot and that since the hedges are so high and the property slopes down from Bellwood Avenue, you will not see the fencing from the street. Ms. Daly stated that she and two other neighboring property owners have discussed the application and that she does not have a problem with the proposed fencing. 8 (ZBA 3/15/2023) �Motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the Board. There were no further comments from the Board. Chairman Church stated that the dog issue is not a persuasive or deciding factor for the Board. The applicants could install a 3-foot high fence with a 5-foot high hedge and generally not worry about the dogs. Chairman Church stated that the shape of the lot makes it difficult to accomplish what the applicants are seeking. Chairman Church made a motion to approve requested variance based on the following criteria: 1. The property is a triangular shaped lot that is difficult to accomplish the applicants’ goals to fence in their yard. 1. Granting of the requested variance for a 4-foot high open fence will not produce an undesirable change in the character of the neighborhood, as it will not obstruct street views or views of neighboring property owners. 2. The requested variance is a feasible way for the applicants to fence in the property where the lot is an irregular shape and the applicants are unable to install the fence 30 feet from the property lines. 3. The requested variance is not substantial as it relates to the distance from the streets to the property lines, and the 4-foot fence height will not be visible from the street. Motion was made to approve the application with the condition that the fencing be open style similar to the materials specified. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Sandra Tripp - yes Thomas Chang - yes Craig Lis - yes Gorete Crowe- yes Carol Lyden - yes Vote 6-0 3. APPROVED Sean Bell-Thomson and Alexandria Electris, 465 Munroe Avenue, Proposed additions and alterations- Public hearing Chairman Church read the public notice and listed the documents submitted with the application, and asked Sean McCarthy to confirm that all of the mailing receipts have been received. 9 (ZBA 3/15/2023) �Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Jorge B. Hernandez stated that he is the architect presenting on behalf of the applicant. Mr. Hernandez stated that the current residence is 1,500 square feet and located near Devries Park. The application proposes a second floor addition over the existing structure where the combined yards setback is existing non-conforming by ten (10) inches. The overall height of the building will increase by six (6) feet. Sandra Tripp asked Mr. Hernandez if the house is elevated off the street and has a retaining wall by the sidewalk. Mr. Hernandez stated that the house is slightly elevated and that the garage slopes downhill. Mr. Hernandez stated he received the comment letter (See Exhibit #3) and that the proposed addition will not affect the neighboring property views because although the house is slightly elevated, the grade goes up hill and the house is located in the lowest part of the neighborhood. Motion was made to open the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church made a motion to approve the variances based on the following criteria: 1. The requested variance is pre-existing and the applicants are not proposing to expand the footprint of the house or exceed the permitted building height. 2. The requested variance for a second floor addition is consistent with the character of the neighborhood and the addition is proposed at a lower elevation compared to the neighboring houses. 3. The requested variance is not substantial because it is pre-existing Motion was made to approve the application. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Sandra Tripp - yes 10 (ZBA 3/15/2023) �Thomas Chang - yes Craig Lis - yes Gorete Crowe - yes Carol Lyden - yes Vote 6-0 4. APPROVED Michael Evry and Laura Bedrossian, 435 Bellwood Avenue, Proposed 5 foot high fencing - Public hearing Chairman Church read the public notice and listed the documents submitted with the application, and asked Sean McCarthy to confirm that all of the mailing receipts have been received. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Laura Bedrossian stated that she is the owner of the house that is located at the corner of Bellwood Avenue and Devries Avenue. They are seeking a variance to install a 5-foot high white picket concave open fence around part of their property in order to contain their dog and growing family. Michael Evry stated that they have an odd shaped lot where the driveway is on Devries Avenue and the house faces Bellwood Avenue. The neighboring houses face Devries Avenue. The neighbor at the top of their property faces Merlin Avenue and has a 5-foot high fence going up to Bellwood Avenue at the side yard. The proposed fence in that location will connect with the neighboring fence at Bellwood Avenue. Mr. Evry stated that there is not room to go back 30 feet along Bellwood Avenue because of the where their house sits on the lot, and that there is a large three-story tree in the right corner of their property. They are not proposing to install fencing near the corner of Bellwood Avenue and Devries Avenue so there will not be obstructed views. Mr. Evry presented a photograph of their backyard and stated that it acts as more of an access corridor. The fencing will sit behind the existing hedges that run along the front yard of Bellwood Avenue. Mr. Envry presented photographs to show the size of their front yard behind the hedges and views of the hedge during winter months. Chairman Church asked Mr. Evry for the height of the lowest part of the fence asked how far the fence would be from the sidewalk. Mr. Evry estimated that the fence would sit 2 feet from the sidewalk behind the hedge. Chairman Church asked Mr. Evry if they could accomplish their goals with the 4-foot fence. Mr. Evry stated that they selected the concave fence material to be in character with the fences in the neighborhood and to be more in line with the height of the neighboring fence. Installing the specified fencing in 4-foot lengths would be lower in some parts. 11 (ZBA 3/15/2023) �Chairman Church stated that the Board cannot mandate the height of the hedges and if the hedge died the fence would be very visible. The proposed fence may be in character with the neighboring property, but not in keeping with the character of the neighborhood. Chairman Church solicited comments from the Board. Sandra Tripp asked Mr. Evry if they considered a garden lattice fence similar to the neighbor’s fence. Mr. Evry stated that the lattice type fence should not be in the front yard, they are matching the other white picket fences in the neighborhood, and the white vinyl fence is easier to maintain. Sandra Tripp stated that the siting of the house has the front on Bellwood Avenue and so the requested variance for higher fence so close to the street is significant. Mr. McCarthy stated the Code permits fencing installed up to the property line, not to the street. Mr. Evry stated that they do not intend to remove the hedges. Chairman Church stated that he does not have an issue with the North West segment being 5 feet high but he sees a problem with granting a variance for the fence running along Bellwood Avenue through the front yard. There was a discussion between the Board and the applicant regarding existing fence heights in the area. Motion was made to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church stated that the general characteristics of Philips Manor and Sleepy Hollow Manor neighborhoods has open views and 3-foot high front yard fences. The Board does not typically grant variances for fences two feet above what the Code allows without extenuating circumstances. Chairman Church stated that the application does not provide reasons to grant the 5-foot variance for the North South section bordering Bellwood Avenue and the segment that runs East West through the front of the yard up to Bellwood Avenue. 12 (ZBA 3/15/2023) �Thomas Chang suggested that the Board grant a variance to approve a 4-foot fence height in the location along Bellwood Avenue so there would be a less of a drop from one fence section to the next. Sandra Tripp stated that since the fence is scalloped, she would agree to the variance for the 4foot fence. Chairman Church made a motion to approve a revised application as follows: 1. Grant an area variance permitting a 5-foot high open scalloped white picket fence at the North and North West segments of the property. 2. Grant an area variance permitting a 4-foot high open scalloped white picket fence at the North South segment bordering Bellwood Avenue and the segment that runs East West through the front yard and up to Bellwood Avenue. Motion was made to approve the revised application. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Sandra Tripp - yes Thomas Chang - yes Craig Lis - yes Gorete Crowe - yes Carol Lyden - yes Vote 6-0 APPROVED 5. Approval of minutes - January 18, 2023 Chairman Church tabled the approval of the January 18, 2023 minutes to the April 19, 2023 meeting. Motion was made to adjourn the meeting at 9:27 pm. Moved: Church Seconded: Lis Vote 6-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 13 (ZBA 3/15/2023) �Exhibit #1 RECEIVED Date: To: From: February 14, 2023 Timothy Church FEB 14 2023 BUILDING DEPT, LLOW VILLAGE OF SLEEPY HO Clara Teagle (38 Hudson Street) Subject: Regarding 46 Hudson Street Proposal I have reviewed the Zoning Board of Appeals application and documentation, submitted by Brian Hopkins, for a proposed house to be built at 46 Hudson Street. This proposal, if approved, would be at the detriment to the owners of 48 Hudson Street. The proposed side yard of 2' 7" between 46 Hudson Street (owner Alex Tseng) and 48 Hudson Street (owners Lillian White, Fannie Allen, Joyce Allen) is unacceptable for the following reasons: 1. Now with this proposal if a problem with the electrical standpipe at 48 Hudson Street (south side of house) occurs - would not be able to access. 2. Now with this proposal if a problem with the telephone lines at 48 Hudson Street (south side of house) occurs - would not be able to access. 3. Now with this proposal if windows at 48 Hudson Street (south side of house) need to be serviced - would not be able to access. 4. Now with this proposal if any cleanup at 48 Hudson Street (south side of house) is needed - would not be able to access. 5. Now with this proposal if any repairs (i.e., vinyl siding) at 48 Hudson Street (south side of house) are needed - would not be able to access. 6. Now with this proposal fire is also a concern - would not be able to access between 48 Hudson Street and 46 Hudson Street. Currently, there is a driveway between 48 Hudson Street and 46 Hudson Street that is approximately 10' wide. The proposal to cut a new driveway between 46 Hudson Street (Alex Tseng) and 42 Hudson Street (owner Jeff White) is unnecessary. Instead leave the driveway between 48 Hudson Street and 46 Hudson Street and make the side yard 5.0' between 46 Hudson Street (owner Alex Tseng) and 42 Hudson Street (owner Jeff White.) With 5.0' between 46 Hudson Street and 42 Hudson 1 �����Exhibit #2 RECEIVED Date: To: From: Subject: February15, 2023 Timothy Church William C. White (48 Hudson St.) 46 Hudson St Proposal FEB 1 6 2023 BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW As a resident and principal of 48 Hudson St. I am presenting my concerns and opposition to the current proposal of 46 Hudson St. Specifically, the distance between the structures. Currently, the spacing between the structures is approximate 1 O' feet allowing 46 Hudson St access to a driveway. The proposed structure would encompass all but 2' 7" of the spacing between the two structures. The problems that will arise is access between the building and potential structural damage by westerly winds from the Hudson River. Below you will find information about the dynamics of westerly wind velocity on structures set close apart. There are several wind studies from the Hudson River in the Tarrytown's of New York. A study conducted in 2007 by the New York State Energy Research and Development Authority found that the average wind speeds in the area were within the range of 3-24 meters per second at hub heights of up to 65 meters. The study also found that the Tarrytown's had relatively high turbulence intensity levels, similar to those found in other areas of the Hudson Valley. Other studies have also been conducted in the area since then, including a 2016 report by the National Renewable Energy Laboratory (NREL) which found that wind speeds were generally higher in this Hudson River area than in other parts of New York State. Westerly winds can cause a "wind tunnel" effect between two three-story houses set 42" apart, leading to increased air pressure in the area between the two buildings. This increased air pressure can cause additional strain on the walls and roofs of the buildings, leading to cracking and other structural damage. Additionally, the wind can create a loud whistling sound as it passes through the area between the two buildings. Hypothetically, a 45mph westerly wind would have a significant impact on two three story houses set 31 inches apart facing west. The wind would hit the exposed sides of the houses, pushing the air pressure against them. This pressure would cause the roofs of the houses to be pushed up, while the sides of the houses would be pulled outwards. The wind would also increase the chances of shingle damage and gutter damage. The pressure created by the wind could also cause the walls of the houses to flex and bow outwards, potentially causing structural damage. Additionally, the wind could cause windows to rattle and doors to bang, creating a considerable amount of noise. Lastly, the wind could cause debris and dust to be blown around, creating a mess in and around the houses. Overall, a 45mph westerly wind would have a significant impact on two, three story houses set 31 inches apart facing west. What is an ideal spacing for two three story homes facing west with a westerly wind factor of 45mph? Research shows the ideal spacing for two three story homes facing west with a maximum westerly wind factor of 45mph is at least 24 feet apart. This distance allows for adequate protection from the wind, as well as enough space to ensure that the homes don't interfere with each other's wind load. ��Exhibit #3 465 Comments Received from 174 Merlin Avenue Wednesday, March 15, 2023 6:24:56 PM From: Kristy Yacovone Farbman Sent: Wednesday, March 15, 2023 4:01 PM To: Sean McCarthy <smccarthy@sleepyhollowny.org> Subject: 465 Munroe Avenue Hi Sean, This is Kristy Yacovone Farbman, 174 Merlin Avenue, SH. I will not be at the hearing tonight but emailing you to address our one concern. We have not issues with 465 Munroe Ave building up as long as it does not block out view of the bridge which will likely effect our property value. We have water/bridge views from the backyard and backyard facing windows. Thank you, Kristy Yacovone Farbman 174 Merlin Ave, SH 914.671.8396 � 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-2023 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_2023-03-15_Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/fd8f8a2f2c94c1810dc27efffbb0df58.pdf 9ff01e92272f80bc4ad99b6875ee9653 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting January 18, 2023 Chairman Timothy Church called the meeting to order at 7:10 pm. Chairman Church stated that since there are only four members of the Board present and four votes are required to take action, the applicants have the option of deferring a decision to the next meeting. Present: Timothy Church, Chairman Craig Lis Gorete Crown Margaret Rubick Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Thomas Chang Sandra Tripp Agenda: 1) Andrew Cannistra and Rebecca Heck, 214 Palmer Avenue, Proposed additions and alterations- Public hearing 2) 46 Hudson St. LLC, 46 Hudson Street, Proposed three-family residence - Public hearing 3) Approval of minutes, December 21, 2022 1. Andrew Cannistra and Rebecca Heck, 214 Palmer Avenue, Proposed additions and alterations - Public hearing Chairman Church read the public notice and listed the documents submitted with the application, and asked Sean McCarthy to confirm that all of the mailing receipts have been received. Sean McCarthy stated that all of the mailing receipts were received. Chairman Church invited the applicant to present the application. Amanda Linhart stated that she is the architect presenting on behalf of the applicants. Ms. Linhart stated that the application proposes to construct a two-story addition with covered front and side entries that require a variance to exceed the side yard setbacks. Ms. Linhart stated that the proposed shed complies with the required zoning regulations. Chairman Church asked Amanda Linhart what the width and the length of the proposed entry awnings are. 1 (ZBA 1/18/2023) �Ms. Linhart stated that both awnings are proposed to be 26 inches deep and 6 feet wide. The covered entrances will provide safer access for an elderly family member and it will be more aesthetic to have both entrances match. Chairman Church stated that the covered entrances would be more aesthetic for the house and that the 8-inch encroachment into the front yard setback and the 6-inch encroachment into the side yard setback are minor. Sean McCarthy stated that the proposed second floor addition, over the existing one-story addition, encroaches into the front yard setback; and the proposed two-story addition in the back encroaches into the side yard setback. Ms. Linhart stated that the proposed addition would face the rear yard of the neighboring property. Mr. McCarthy stated that the existing combined side yard setback is 26.10 feet where a minimum of 25.00 feet is required. The proposed second floor addition and the proposed twostory addition in the back require variances for the combined side yard setback, and the overhangs create an additional encroachment into the side yard setback. Motion was made to open the public hearing. Moved: Church Seconded: Lis Vote 4-0 Chairman Church solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Church Seconded: Rubick Vote 4-0 Chairman Church made a motion to approve the requested variances based on the following criteria: 1. The requested variance for the lot area is due to an existing non-conforming undersized lot. 2. The requested variances to add awnings to cover the proposed front and side entrances are the only feasible way to achieve the benefits sought by the applicants. 3. The requested variances will not produce an undesirable change in the character of the neighborhood as the proposed entrance awnings will create a positive impact to the aesthetic look of the house and the proposed additions will not extend past the existing walls of the house. 2 (ZBA 1/18/2023) �4. The requested area variances for awnings that are 6 feet wide and 26 inches deep are not substantial, as they would result in less than a foot encroachment into the setbacks. 5. Granting of the area variances for the front and side yards setbacks will not cause an impact to the physical or environmental conditions of the neighborhood. 6. Although the requested variances are self-created, this is not the only factor the Board considers when granting a variance and the Board has not received opposition from the neighboring property owners. Motion was made to approve the application. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Craig Lis - yes Gorete Crow - yes Vote 4-0 APPROVED 2. 46 Hudson St. LLC, 46 Hudson Street, Proposed three-family residence- Public hearing Chairman Church read the public notice and listed the documents submitted with the application, and asked Sean McCarthy to confirm that all of the mailing receipts have been received. Sean McCarthy stated that all of the mailing receipts were received. Chairman Church invited the applicant to present the application. Brian Hopkins stated that he is the architect presenting on behalf of the Applicant. Mr. Hopkins stated that the application has been before the Planning Board. Mr. Hopkins described the conditions of the existing building and stated that 46 Hudson Street is one of the bigger buildings on the street and the property has the biggest lot. Mr. Hopkins presented drawings and described where the proposed building exceeds the zoning regulations, and requires variances. Chairman Church asked if the drawing shows the proposed height for the building. Chairman Church asked how the proposed front yard setback for 46 Hudson Street compares with existing front yard setbacks of the neighboring properties to the north and south. Mr. Hopkins stated that the proposed front yard setback is 16 feet, 2 inches back from the existing building, and is set further back than the neighboring houses on both sides. The Planning Board requested that the building be close to the sidewalk so that it would align with the other houses on Hudson Street. Mr. Hopkins presented the Site Plan and described where the front porch is proposed and where the face of the building will be. Mr. Hopkins stated that the applicant has a signed easement agreement with the owner of 48 Hudson Street in order to provide three parking spaces in the rear of the property. 3 (ZBA 1/18/2023) �Chairman Church asked Mr. Hopkins to describe why the easement is necessary for the parking. Mr. Hopkins stated that the easement provides an additional 3 feet in width of the lot that allows the applicant to create three parking spots. Creating the three parking spaces in the front of the house would require an enlarged curb cut. Mr. Hopkins presented a rendering of the proposed building and stated that the proposed porches and roofline are in-line with the character of the street. Mr. Hopkins stated that the application proposes one unit in the basement level, one unit on the first floor, and a duplex unit on the second and third floors. Chairman Church asked Mr. Hopkins for the total bedroom count for the three units. Mr. Hopkins stated that the single-story units would have two bedrooms each, and the duplex would have three bedrooms. Chairman Church asked Mr. Hopkins how many parking spaces would be required if the house was proposed to remain as a two-family residence. Sean McCarthy stated that one-family and two-family homes require one parking space per dwelling unit. Bedroom counts dictate the required number of parking spaces when there are three-families or more; where a half of space is required per bedroom when there are more than two dwelling units. Chairman Church stated that although the Village Board of Trustees amended the Zoning district to allow three-family residences, they did not amend the parking requirements for three or more dwelling units. Chairman Church asked Mr. Hopkins to provide circumstances for why the Board should grant an area variance for the parking requirements. Mr. Hopkins stated that permitting three-family dwellings on Hudson Street is the only way to make the project economically viable for developers. Chairman Church stated that a two-family residence could have three and four bedrooms per dwelling unit and asked Mr. Hopkins to explain why a two-family residence would not be economically feasible. There was a discussion between the Board and Mr. Hopkins on how a three-family verses a twofamily residence generates income. Mr. Hopkins stated that Hudson Street is a transit-oriented neighborhood and that providing one parking space per unit is adequate. Chairman Church asked Mr. Hopkins if he could revise the application in order to reduce the amount of required parking spaces. 4 (ZBA 1/18/2023) �Mr. Hopkins stated that removing a bedroom from the duplex unit would not change the parking requirements, as it would only eliminate a half of a parking space. Chairman Church asked Mr. Hopkins to explain why a 2.58-foot side yard setback is proposed on the north side where a 3.0-foot side yard setback would eliminate the fire-rated wall requirements. Mr. Hopkins stated that reducing the side yard setback would reduce the width of the main bedrooms on the first and second floors. Reducing the 10.0-foot side yard setback on the south side would reduce the driveway width. Chairman Church asked if there are windows proposed on the area where a 2.58-foot side yard setback is proposed. Mr. Hopkins stated that there are no windows proposed on the south sidewall because of the fire rating requirements. Mr. McCarthy suggested relocating the kitchen and the bathroom in order to provide the 3.0-foot side yard setback without reducing the bedroom widths. Chairman Church stated that the Board must determine the required criteria factors for considering approval of the requested variances for the proposed development. Mr. Hopkins stated that the Applicant has been working with the Planning Board and that the application has been revised four times to address their comments and suggestions for the design. Chairman Church solicited questions from the Board. There were no questions from the Board. Chairman Church suggested that the Board open the public hearing and hear comments from the public. Chairman Church suggested that the Board adjourn the hearing until the February meeting so that the Applicant can consider their comments or meet with Sean McCarthy to determine whether they can change the application to reduce the variances requested, or have more Board members present to vote on the application. Motion was made to open the public hearing. Moved: Church Seconded: Rubick Vote 4-0 Chairman Church solicited comments from the public. Steven Maceyak stated that he is the owner of the Bridge View Tavern. Mr. Maceyak stated that when he was a Trustee 35 years ago, a lot for additional parking for 13 cars was put on Hudson Street. Mr. Maceyak stated that he has owned the restaurant for 40 years and that he has never inconvenienced his neighbors by having his customers take up parking spaces on Hudson Street. 5 (ZBA 1/18/2023) �Mr. Maceyak stated that the proposed project for seven bedrooms is too big to put on Hudson Street. There are already commuters that park on Hudson Street because there are no meters. William White stated that he is the Power of Attorney for 48 Hudson Street and that he did not authorize his daughter Tobi White to sign the easement agreement. Mr. White stated that he is concerned about the proposed size and location of the building on Hudson Street because the westerly winds from the Hudson River could cause a problem in the narrow cavities between the two buildings in terms of noise shaking the building. Clara Teagle stated that she owns 38 Hudson Street. Ms. Teagle stated that she is concerned that the driveway on the north side is not wide enough and that the lot isn’t wide enough in the back of the house to provide access for cars to move in and out of the parking spaces. Ms. Teagle stated that she is concerned that the tenants will be utilizing parking spaces on the street. Ms. Teagle stated that a three-family house on the street would be an inconvenience for the residents of Hudson Street. Ed Oliveira stated that he owns 24 Hudson Street. Mr. Oliveira stated that the proposed application is excessive for the area because of the requested parking variance. Mr. Oliveira asked if there would be access to the upper level apartments from the rear of the building. Mr. Hopkins stated that access to the apartments from the rear is only available for the basement unit. Mr. Hopkins stated that if the application proposed a two-family residence, the applicant could propose to have eight bedrooms with two parking spaces. Mr. Hopkins stated that the number of bedrooms would not determine how many cars the tenants will have. Mr. Hopkins stated that the proposed building is the same size as the building that was there. They shifted the building design as per the comments received from the Planning Board. Motion was made to adjourn the public hearing to the February 15, 2023 meeting. Moved: Church Seconded: Rubick Vote 4-0 No action was taken. 3. Approval of minutes - December 21, 2022 Motion was made to approve the December 21, 2022 minutes as amended. Moved: Church Seconded: Lis Timothy Church, Chairman - yes Margaret Rubick - yes Craig Lis - yes Gorete Crowe Vote 4-0 APPROVED 6 (ZBA 1/18/2023) �Motion was made to adjourn the meeting at 8:25 pm. Moved: Church Seconded: Rubick Vote 4-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 7 (ZBA 1/18/2023) � 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-2023 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_2023-01-18_Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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/893493113555d17388cae3bb1f1d5309.pdf 529abe06b22ba399511e763209c26036 PDF Text 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 Zoning Board Minutes & Resolutions-2023 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_2023-01-18_Approved 214 Palmer Avenue Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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