https://sleepyhollow.localarchives.org/files/original/654aa1ca834e0947c54b006bec5d2720.pdf fa026b04e53a3e9b2a726e2e3add8227 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED November 14, 2007 The meeting was called to order by Robert Anello, Chairman at 8:05 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Timothy Judge Peter Koffler Diane Martello Absent : Gordon Swartz Eliot Martone Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Donato Pennella (Charles A. Manganaro/Village Engineer) Anthony DelVecchio (Recording Secretary) Agenda: 1) Andreou County House Road 2) King Chi Li 24 Anderson Avenue 3) Peter Grotto 300 North Broadway 4) Gary McLean 282 North Washington Street 5) Approval of minutes from October 2007 6) Other Deck Replace 2 greenhouses Office Building Garage Replacement Announcements: None. 1) Andreou County House Road Deck - This is a continuation from previous meetings. There was nobody present for this application. Sean McCarthy stated that a letter was sent to the applicant informing them that this item would be on the agenda. Peter Koffler stated that there is enough information to make a decision on this application. Timothy Judge agreed. He also stated that approving this application would be setting a dangerous precedent. �The Chair stated that this would be out-of-character with the neighborhood. He stated that the variance is substantial. Peter Koffler made a motion to deny the variance. Linda Moiron seconded. It was unanimous (5-0). 2) Li 24 Anderson Avenue One-story addition - This is a continuation from previous meetings. King Chi Li provided some additional documents to the Board. He stated that the documents were part of his real estate closing. Joshua Li stated that these documents include 2 documents which indicate that the greenhouses were part of the original construction. Sean McCarthy responded that the original Certificate of Occupancy does not include the greenhouses. He stated that the Building Department records do not have any record of the greenhouses. The Chair asked if the Certificate of Occupancy includes the greenhouses. Sean McCarthy stated that the as-built survey is dated January 15, 1988 and the Certificate of Occupancy is dated January 11, 1988. He stated that there are no records in the Building Department to indicate when the greenhouses were constructed. Joshua Li provided photos to the Board. The photos showed the basement level of the greenhouses. The Chair stated that the foundation appears to be constructed after the main structure was built. He stated that the heating system was extended into the greenhouses after the original construction was completed. King Chi Li stated that there are no records of the existing work. He also stated that the Building Department has no records of the greenhouses. The Chair stated that the structures are illegal. He stated that the Board asked the applicant to present a smaller addition. He stated that the applicant has not reduced the proposed structure. King Chi Li responded that he wants to build the one-story addition on top of the existing foundation wall. He also stated that by building a smaller structure, the existing heating system also would have to be moved. The Chair stated that the foundation wall needs to be moved inward to construct something smaller. He stated that the applicant has done nothing to reduce the size of the structure. He stated that the Board is being asked to approve an illegal structure. The Chair asked if the Board had any other comments. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 2 �There were none. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Timothy Judge seconded. It was unanimous. It was agreed to wait for the applicant’s architect to arrive so that options to reduce the proposed structure can be discussed. 3) Grotto Holding Corp 300 North Broadway Office Building - This is an application requesting variances from the Village Zoning Code to add and alter a vacant building and convert the building to an office building. The application would require the following variances: Front Yard setbacks (New Broadway) Required = 10.0 ft. Existing = 0.5 ft. Proposed = 0.5 ft. Front Yard setbacks (North Broadway) Required = 20.0 ft. Existing = 0.5 ft. Proposed = 0.5 ft. Rear Yard Setbacks Required = 20.0 ft. Existing = 8.8 ft. Proposed = 0.0 ft. Side Yard setbacks Required side yard = 10.0 ft. Existing side yard = 5.42 ft Proposed side yard = 1.42 ft. Buffer area Required side yard buffer = 5.0 ft. Proposed side yard buffer = 0-ft. Required parking spaces Required = 29 parking spaces Proposed = 21 parking spaces APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 3 �Applications of regulations Adding to and altering an existing non-conforming building. Peter Koffler read the public notice aloud for the record. The Chair asked if the proof of mailings has been submitted to the Village. Sean McCarthy responded yes. David Barbuti is the project architect and is representing this application on behalf of the owner. The Chair stated that the Board has received the following: 1) Application dated June 18, 2007 2) Building plans dated September 21, 2007 David Barbuti gave a very brief overview of the proposed application. He stated that applicant is proposing to use this structure as an office building. He stated that proposed rear yard setback of 0-feet is due to the required construction of a handicapped ramp. He stated that the property has multiple front and rear yards based on the ordinance. He stated that the largest zoning request is for parking. The Chair stated that the variance is based on the existing structure. He stated that the Board needs to understand why the existing structure should continue to remain. David Barbuti responded that demolishing the building would not be the most cost-effective solution. The Chair stated that the applicant should address all of the requested variances. David Barbuti stated that the removal of the structure would not be financially feasible. He stated that the property has been before the Board a few times before. He stated that the previous approval included adding an additional floor to the structure for the construction of townhouses. The Chair asked the applicant to explain why a variance should be granted. David Barbuti responded that the structure is exists already. He stated that the zoning code requires 29 parking spaces. He stated that he is providing 21 spaces. He stated that the entire interior ground floor is being used for parking. Sean McCarthy gave a detailed explanation of the proposed project. He stated that the applicant is proposing a new covered entranceway on New Broadway. He stated that this new entranceway requires a front yard variance on New Broadway and rear yard variance on North Broadway. The Chair stated that the covered entranceway is extended the existing non-conformity. Sean McCarthy stated that the tower structure above the glass area also needs to be considered. He also reviewed the parking requirements. He stated that one space is required per 300sf. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 4 �Timothy Judge asked about the glass display area. David Barbuti responded that the display area will be used for office space. Peter Koffler asked about storing plumbing materials on site. David Barbuti responded that very little materials will be stored on site. Linda Moiron asked about the 5 required employee parking spaces. Sean McCarthy responded that the parking spaces are needed since employees will be parking on site. He stated that at least 5 employees will be parking on-site. He stated that the number of parking spaces for employees is based on the applicant’s data. There was an open discussion on the required employee parking spaces. The Chair stated that parking needs to address all of the employees parking needs. The Chair asked if the Board had any questions. There were none. The Chair opened the public hearing. Rosemarie McMannis (31 New Broadway) stated that she was unaware that the application is for office space. She presented photos to the Board that showed the existing parking problems in the area. She questioned how the property can accommodate multiple businesses. She submitted a petition from several neighbors objecting to the proposed development. Sonja Munroe (63 New Broadway) read a letter from several neighbors objecting to the proposed variance. She asked about the number of steps that will be constructed from North Broadway. David Barbuti responded 18 steps are proposed. Sonja Munroe responded that the visitors will park on New Broadway instead of climbing the steps. Larry Doyle (16 New Broadway) stated that his employees do not park on the public streets. He stated that demolishing the existing structure is too cost prohibitive. He stated that the property was built to hold cars and is well-built. He stated that he was a previous owner of the property and the cost to demolish the structure was estimated to cost $750,000. He stated that this property has been vacant for 13 years and needs to be improved. He stated that the Board needs to seriously consider granting these variances. Richard Kirby (64 New Broadway) stated that the proposed use can cause some traffic congestion in the area. He stated that the property needs to be improved but not at the risk of sacrificing the parking in the area. Heather Houston (22 Maple Street) stated that parking in the area is a large issue. Larry Doyle stated that the previous approval had all of the required parking but was not built based on the economics of the project. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 5 �Since there were no further public comments, Peter Koffler made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (5-0). Linda Moiron stated that the density can be decreased to accommodate the parking variance. Sean McCarthy responded that the applicant can propose a different use for some of the space in order to reduce the parking need. David Barbuti stated that the proposed use is strictly office space. He stated that he is occupying part of the space as well. He stated that the number of proposed visitors is minimal. Diane Martello stated that once the variance is granted, it is too late to correct the parking problem. David Barbuti stated that tandem parking spaces were originally proposed to the Planning Board. The Chair stated that tandem parking will not be used by the employees. The Chair stated that the applicant should present financial records to demonstrate why demolishing the building is not financially practical. The Chair stated that the applicant needs to focus on the reasons why the Board should grant the parking variance. The Chair also stated that he is concerned with the volume of people at the building. The Chair stated that there might be other uses for part of this proposed space. Sean McCarthy responded that a showroom would take-up some of the space and might not require as much parking. Linda Moiron asked the applicant to provide the number of employees that occupy the office space. She requested that the applicant provide this information at the next meeting. David Barbuti requested that this application be adjourned to the next meeting. Peter Koffler made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (5-0). 4) Gary McLean 282 North Washington Street Garage Replacement- This is a continuation from previous meetings. The Chair acknowledged the following additional information: 1) Letter from Village Engineer to the Board 2) Letter from Sean McCarthy to the Board 3) Minutes from previous Zoning Board meetings from 1985 and 1988 4) Letter from Michelle McLean concerning previous zoning approvals 5) Letter from Michelle McLean discussing storm water issues APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 6 �Gary McLean also submitted a receipt from the drywell that was previously installed. Dan Pennella stated that 8.5 parking spaces are required and only 8 parking spaces exist. Gary McLean responded that there are at least 9 parking spaces currently on the property. Gary McLean stated that the existing drywell is sufficient to handle all of the site storm water. Timothy Judge asked about the proposed parking plan. Gary McLean responded that he shows 14 parking spaces Timothy Judge stated that the proposed parking plan will not allow emergency vehicles to access the property. Gary McLean responded that the driveway is less than 9’-6” and cannot accommodate an emergency vehicle. He stated that all of the properties in the area are built the same way and that emergency vehicles cannot access the properties in the area. The Chair reviewed the variance granted in 1988 for parking. He read the minutes from 1988 that approved the variance. He stated that the variance included converting the dairy space into livable space. The variance included the associated parking for these apartments. Gary McLean responded that the variance approved the parking plan based on the older version of the zoning code. The Chair asked if the drywell is sufficient to handle the proposed storm water. Sean McCarthy stated that the drywell is below ground and cannot be viewed. Gary McLean responded that the existing drywell has a capacity of 630 gallons. The Chair asked what is the proposed storm water need based on the proposed work. Jon Turnquist responded that he did not know. The Chair stated that the Board needs this information in order to make a decision. He also stated that the applicant needs to address the letter from the Village Engineer concerning parking. The Chair opened the public hearing. Matt McLarin (282 North Washington Street) stated that he lives in the house. He stated that there are never problems with parking on the site. He stated that the proposed changes would benefit his family and provide him with additional space. He stated that the proposed changes would be more aesthetically pleasing that the existing garage. Sean McCarthy asked the applicant to review the parking plan to provide 9 parking spaces. Gary McLean stated that the Village code is too stringent regarding the parking requirements. Linda Moiron disagreed. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 7 �Timothy Judge stated that additional information is needed to create a complete record to justify granting the variance. Gary McLean requested an adjournment to the next meeting. Peter Koffler made a motion to adjourn this application to the next meeting. Timothy Judge seconded. It was unanimous (5-0). Continued 2) Li 24 Anderson Avenue One-story addition - Jon Turnquist is the project architect and is representing this application along with the owners. Jon Turnquist stated that the foundation for the greenhouse was build when the main house was constructed. He stated that the basement area of the greenhouse contains the boiler and water heater for the main house. He stated that the boiler could not have been moved into this space after the main house was built. The Chair asked the applicant to explain why the foundation wall was disturbed to install the boiler. Jon Turnquist responded that he could not comment on the workmanship. The Chair stated that the applicant is requesting to legalize and extend an illegal structure. He stated that he is not willing to grant an approval on this large proposed structure. He stated that the applicant is not willing to reduce the size of the structure. Jon Turnquist asked if the applicant can replace the greenhouses since a Certificate of Occupancy exists. Sean McCarthy responded that a Certificate of Occupancy does not exist for the greenhouses. He stated that the applicant can appeal the Building Departments decision to the Zoning Board under a new application. The Chair stated that the applicant was told that a smaller variance should be presented to the Board. Jon Turnquist asked for an adjournment to the next meeting. The Chair responded that the applicant requested an adjournment at the last meeting and was supposed to present a reduced structure. King Chi Li stated that he only wants to replace the existing glass with a real roof and solid exterior. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 8 �The Chair stated that the applicant is not in favor of reducing the application. He stated that the application is out-of-character with the neighborhood. He stated that it is a self-created hardship. He stated that the variance is substantial. He stated that he would not approve the application. Jon Turnquist asked if the application is denied, can the application be re-submitted with a revised plan. The Chair responded that the application must be substantially smaller. Peter Koffler stated that the applicant did not present the need for the additional space. Jon Turnquist responded that the greenhouses lose a lot of heat in the winter and the roof also leaks. Timothy Judge made a motion to deny the application. Diane Martello seconded. Peter Koffler asked if the applicant fully understands what the Board is asking for. Jon Turnquist responded that his client understands what the Board is asking for. The application was unanimously denied (5-0). 5) Minutes from October 2007 meetings The minutes from the October 2007 meeting were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). 6) Other The Board unanimously agreed that there would not be a December 2007 meeting. Adjourned 10:45pm. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2007 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_2007-11-14 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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