https://sleepyhollow.localarchives.org/files/original/3483e6ed84006c5acc4d0f15f4916288.pdf 2949170aa6ec8e2b7b22ce5c3fa29419 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED July 21, 2006 The meeting was called to order by Robert Anello, Chairman at 8:15 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Gordon Swartz Michael Fox James Galgano Eliot Martone Absent : Peter Koffler Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Judson Siebert (Keane & Beane/Village Special Land-Use Counsel) Agenda: 1) Seiler 7 Millard Avenue 2) Mountco Development Corp Valley Street 3) Approval of minutes from June 2006 2-story addition & garage New Senior Housing Develop. Announcements: None. 1) Seiler This is a continuation from the last meeting. The Chair asked if the public notices were received. Sean McCarthy responded yes. This is an application for an area variance to construct a two story addition to an existing one family residence and to construct a detached garage where the proposal requires the following variances: One side yard set back Existing one side yard setback is 8.59 ft Minimum one side yard setback is 10.00 ft Combined side yard set back Existing combined side yard setback is 22.4 ft Minimum combined side yard setback is 25.00 ft �The Chair stated that the Board had received the following: 1) Application for variance dated May 14, 2006 2) Zoning compliance form 3) Building plans William Klineman is the project architect and is representing this application. The Chair asked if the variances are a result of a pre-existing non-conformity. William Klineman responded yes. The Chair asked if there are any variances required for the garage. William Klineman responded no. William Klineman stated that the house was built about 1930 and is a pre-existing nonconforming structure. He stated that this is the smallest variance that could be granted to allow the proposed addition. He stated that the requested variance is the only way to add onto the existing residence without tearing the house down. The Chair stated that this is not detrimental to the neighborhood. He also stated that this is the smallest variance that can be granted that would allow the owners to perform the proposed work. William Klineman spoke about the proposed addition. The Chair asked how far the addition is pushing out to the rear of the house. William Klineman responded 7-feet. William Klineman stated that the architectural features of the house will be maintained. The Chair opened the public hearing. Since there are no public comments, Eliot Martone made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (6-0). Gordon Swartz made a motion to approve the variance as submitted. James Galgano seconded. It was unanimous (6-0). 2) Mountco Construction Corp This is a continuation from the previous meeting. The Chair stated that the Board had received the following: 1) Minutes from the June 2006 ARB meeting 2) Minutes from the Village Trustees meeting. APPROVED - Zoning Board of Appeals Meeting, July 21, 2006 2 �3) Letter from Brooker Engineering regarding the feasibility of underground parking 4) Letter from the project architect regarding three-tiered parking. 5) Site logistics plan 6) Letter from Sleepy Hollow Police Department on the traffic flow during construction. 7) Revised Building plans dated July 10, 2006 8) Letter from Mayor Zegarelli dated July 13, 2006 9) Letter from resident Frank Occhipinti dated July 15 ,2006 10) Letter from Lyons McGovern, LLP Kyle McGovern is representing this application along with Neil Connuck, Project Architect Hugo Subitowski, Project Engineer Cosmo Reale and NTHA Executive Director, Ken Gentile. The Chair read the letters from Frank Occhipinti and Mayor Zegarelli aloud for the record. Kyle McGovern gave an overview of the project. He stated that the applicant has re-configured some of the parking space and have created a 10-foot setback in the front yard. He stated that the requested variance for lot area has also been eliminated. The Chair asked the applicant to explain the current rendering. Hugo Subitowski stated that some of parking spaces were moved to the rear of the building. The Chair asked if a variance is still needed for the front yard. Kyle McGovern responded that a front yard variance is still needed. The Chair asked about the front yard setbacks of Margotta Courts. Kyle McGovern stated that Margotta Courts are about 10-feet back. There was an open discussion on whether a front yard setback is required based on the fact that this property is being built between two developed lots. The Board reviewed Village Code §6213. There was an open discussion on the location of Margotta Courts in relation to the proposed development. It was agreed that Margotta Courts is within the 25-foot limitation. Judson Siebert stated that since the subject property is between two properties that are conconforming, the existing adjacent non-conformities should be taken into consideration when evaluating the neighborhood impacts. Kyle McGovern discussed the side and rear yard setbacks. He stated that Frank’s Chevrolet is build to the lot line. He reviewed many properties in the area that are built to the lot line. He presented 182 Valley Street, 180 Valley Street, 172-174 Valley Street, 140 Valley Street, 141144 Valley Street as being built without either rear or side yard setbacks. APPROVED - Zoning Board of Appeals Meeting, July 21, 2006 3 �The Chair responded that many of the presented properties pre-dated the zoning code. The Chair asked about the revised parking layout. Kyle McGovern stated that parking spaces number 37, 38 and 39 will extend onto the Margotta Court property and would be designated for Margotta Court employees. The Chair asked about the landscaping in the front yard. He stated that the previous site plan had trees in the front yard. Cosmo Reale stated that three trees were previously proposed in the front yard have been removed. The Chair asked if there is an agreement with Margotta Courts for the parking spaces. Kyle McGovern responded that a partnership has been set-up that would allow for the parking spaces to be constructed on the Margotta Courts property. Eliot Martone asked if the employees could park on the street. Sean McCarthy responded that the on-street parking request would have to be presented to the Village Trustees. Hugo Subitowski stated that the proposal has 67 parking spaces and 66 are required. He stated that parking space #36 can be eliminated to provide an additional 10-feet of setback. Eliot Martone asked about the water runoff from the adjacent properties. Cosmo Reale responded that the runoff in the rear will be collected and will correct the current problems in the area. The Chair stated that the Architectural Review Board had many concerns on the massing of the project. He asked if the applicant had addressed any of the Architectural Review Board’s concerns. Hugo Subitowski responded that the air-conditioning sleeves were relocated. He stated that the colors were also changed. There was an open discussion on the dates on the drawings. It was agreed that the Architectural Review Board had not seen the drawings that are being presented to the Zoning Board. Kyle McGovern stated that the applicant had previously explored providing underground parking. He stated that based on the high water table and poor soil conditions, underground parking would not be feasible. He also stated that by adding an additional parking level, additional ramps would be required. He stated that these additional ramps would create an ineffective parking layout. The Chair asked if the applicant had considered reducing the number of units to reduce the number of parking. He stated that the applicant should explain why 65 units are proposed. APPROVED - Zoning Board of Appeals Meeting, July 21, 2006 4 �Neil Connuck responded that Sleepy Hollow has not fulfilled Westchester County’s recommendation to provide affordable housing units as set by Westchester County in 1995. He stated that the Village is required to produce 52 units. Eliot Martone asked if the Village is obligated to provide more than the required 52 units. Neil Connuck responded no. The Chair asked if neighboring communities have met the affordable housing requirements. Ken Gentile responded that other villages do not have public housing. Michael Fox asked if there is a list of seniors waiting for affordable housing. Ken Gentile responded that he has a waiting list of about 30 interested senior citizens already. The Chair asked about the flow of traffic on Valley Street during construction. Kyle McGovern responded that the revised setbacks should allow most construction vehicles to properly access the site. He stated that the Sleepy Hollow Police Department has stated that they will work with the applicant on the traffic flow problems if needed. Kyle McGovern stated that there will be no environmental impacts to the area as a result of this project. He stated that the area would be physically enhanced. The Chair asked if a traffic study was performed. Kyle McGovern stated that a traffic study was not required by the Village Trustees. The Chair asked if the minutes from the Village Trustees meetings were provided to the Board. He stated that the Mayor’s letter indicated that the minutes from the Village Trustees were forwarded to the Zoning Board. There was an open discussion on the Village Trustee meeting minutes. It was agreed that the Village Trustees minutes were not provided to the Board. The Chair reviewed the Special Use permit. Judson Siebert summarized the Villages Trustees review process. He stated that the Village Trustees have already reviewed the number of units and the size of the building. The Chair expressed concerns that a traffic study has not been performed. He stated that the proposed building is in an area of other tall buildings. The Chair asked about the number of units on each floor. Hugo Subitowski provided the number of units per floor. The Chair asked if the Board had any questions. Michael Fox questioned why this building lot was chosen. Kyle McGovern responded that other sites were evaluated but this site was identified by the Village as being in need of redevelopment. APPROVED - Zoning Board of Appeals Meeting, July 21, 2006 5 �Gordon Swartz stated that the area is too dense. Eliot Martone stated that by adding additional families into Margotta Courts, the parking for the new families cannot be met. Ken Gentile stated that the existing on-street metered parking will have the parking meters removed. He stated that out of the 42 current seniors, only 8 seniors possess cars. He stated that low-income people typically do not own vehicles. The Chair asked if a special parking statute was passed for this project. Judson Siebert responded no. He stated that the Village identified the need for affordable housing. He stated that the required parking for this project was reduced by the Village Trustees back in 2004. Eliot Martone stated that the need for senior housing should not outweigh the impacts of overcrowding and density. Kyle McGovern stated that the interior common recreation area variance has been reduced from 1625 sf to 1102 sf. The Chair questioned why the applicant cannot eliminate one unit to meet the recreation area requirement. Hugo Subitowski responded that some indoor space can be configured to meet the required variance. It was agreed that the applicant will no longer requires this variance. The Chair reviewed the requested variances. He stated that the Board could grant a variance for the front yard setback and the landscape buffer subject to the Architectural Review Board’s review of the plantings. The Chair opened the public hearing. Anthony Siano is an attorney representing Frank’s Chevrolet. He stated that his client’s property abuts the applicants property. He stated that the proposed storm water changes should make a positive impact in the area. He stated that the Police Chief’s document concerning traffic flow during construction will also help his client’s concerns. He noted that Neil Connuck and Kyle McGovern have been very forthcoming with information on this project. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (6-0). Jim Galgano asked if the Village Trustees have the authority to grant variances. Judson Siebert responded that the Village Trustees have the authority to grant certain waivers. APPROVED - Zoning Board of Appeals Meeting, July 21, 2006 6 �Jim Galgano stated that the Village Trustees tailored the local law around the largest three variances: height, density and parking. He questioned the legality of the amendment. Judson Siebert responded that the process was legal. Gordon Swartz asked if the Trustees could have passed a law that would have given the Trustees the ability to waive all variances. Judson Siebert responded that the Trustees could have written the law in that manner. The Chair stated that the location is questionable. He stated that there could be some impacts related to traffic and the GM site. He stated that he does not understand why a traffic study was not performed. He stated that the variances before the Board are troublesome. He stated that there should be some plantings on the front yard and the side yard near Margotta Courts subject to Architectural Review Board approval. Judson Siebert responded that the site plantings are an issue for the Planning Board. The Chair responded that the Architectural Review Board should be involved with the landscaping. He stated that during the construction phase, at least one lane of traffic should remain open. Gordon Swartz stated that the Board’s approval authority has been reduced by the Special Use permit. He stated that the Village is in need of senior affordable housing but he stated that this location is an issue. Michael Fox stated that the site location of the issue. Michael Fox made a motion to deny the application. James Galgano seconded. It was denied by a vote of 4-2 (Martone, Chair). 3) Minutes for June 2006 The minutes for the June 2006 meeting will be reviewed at the next meeting. Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (6-0). Adjourned at 10:21 p.m. APPROVED - Zoning Board of Appeals Meeting, July 21, 2006 7 � 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-2006 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2006-07-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2006 Date A point or period of time associated with an event in the lifecycle of the resource 2006 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