https://sleepyhollow.localarchives.org/files/original/e529609234c03f08f42f20de29643484.pdf e16cbb3b61e0eec33375e832843fb838 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING January 16, 2008 The meeting was called to order by Peter Koffler, Acting Chairman at 8:15 pm. The Chair noted that a quorum was present. Present: Linda Moiron Peter Koffler, Acting Chair Diane Martello Gordon Swartz Absent : Robert Anello, Chairman Eliot Martone Timothy Judge Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Donato Pennella (Charles A. Manganaro/Village Engineer) Anthony DelVecchio (Recording Secretary) Agenda: 1) Gary McLean 282 North Washington Street 2) Grotto Holding, LLC 300 North Broadway 3) Scuderia CG LLC 8 Kendall Avenue 4) Approval of minutes from November 2007 Continuation Proposed office use Proposed mixed-use Announcements: Mayor Zegarelli swore in all of the Board members present at the meeting. 1) Gary McLean 282 North Washington Street Continuation - This is a continuation from previous meetings. The Chair noted that no new material has been submitted. Jon Turnquist is the project architect and is representing this application along with owner, Gary McLean. Jon Turnquist gave a brief overview of the proposed application. He stated that the parking plan has been re-evaluated. He also stated that storm water runoff calculations have been performed. He stated that 3 additional dry wells have been added. He stated that the parking plan does not permit a vehicle to turn around in the parking area. He stated that the current parking plan accommodates 9 parking spaces. He stated that the parking area can allow a car to turn around but the parking plan would have to be reduced in order to accomplish this requirement. �Gary McLean stated that the current parking configuration works well. The Chair asked if the Board had any questions. Diane Martello stated that backing out of a parking space is better than trying to find a parking space on the street. She stated that the parking is a benefit. Gordon Swartz stated that there is a safety concern with emergency vehicles accessing the site. Gary McLean responded that an emergency vehicle cannot enter this street. He stated that he is not adding any additional dwelling units. Gordon Swartz stated that the existing non-conformity is going to be extended. He asked the Building Inspector is the property is currently in conformance. Sean McCarthy responded that the previous alterations (1988) were approved by the Zoning Board. Gordon Swartz asked if the occupancy would increase with the proposed renovation. Gary McLean stated that the occupancy would not increase. He stated that the number of bedrooms is also not increasing. He stated that the parking plan has existed for the last 10 years and there has never been a problem with parking on the site. The Chair opened the public hearing. Since there were no public comments, the Chair made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (4-0). Gordon Swartz stated that the Board had several concerns from previous meetings. He stated that the concerns on congestion and traffic flow have not addressed during the process. Sean McCarthy stated that this application was started back in May 2006. He stated that there was a lapse in the application but the Board made the applicant re-notice the public. Gordon Swartz stated that the Board needs to take into consideration all of the public’s comments even though the public is not currently present. The Chair stated that the applicant has been responsive towards the Board’s concerns about parking and traffic flow. He stated that the traffic and parking plan should be technically evaluated. He stated that the minutes should be compiled so that all of the public’s comments can be reviewed. Linda Moiron stated that the Board had previously requested a floor plan of the interior of the building. Jon Turnquist responded that the interior floor plan has been submitted. He reviewed the interior renovations for the Board. Zoning Board of Appeals Meeting, January 16, 2008 2 �Gordon Swartz stated that he was concerned with setting a potential precedent by accepting this parking plan. The Chair stated that the Board should receive a compilation of the minutes along with an analysis of the parking and traffic plan. Linda Moiron asked why the applicant is looking to do this project. Gary McLean stated that the main house has 3 apartments. He stated that one of the units is a small studio apartment that shares the electric with another unit. He stated that to separate the electric would be very costly. He stated that he has 3600sf of storage on the property. He stated that he wants to add the existing studio space onto one of the existing units and relocate the studio into the garage space. The Chair made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (4-0). 2) Grotto Holding, LLC 300 North Broadway Proposed office use - This is a continuation from previous meetings. Greg Kuczinski is an attorney and is representing this application along with project architect, David Barbuti. Greg Kuczinski reviewed the proposed parking plan. He stated that if tandem parking were to be permitted, the parking variance would not be needed. He stated that the variance is not substantial. He stated that the variance is also not self-created. He stated that a handicapped ramp is required under NYS Code. He stated that the need for the ramp is creating the need for another variance. The Chair asked about the parking plan and the proposed use. Greg Kuczinski stated that the parking plan does not reflect the use of the property. He stated that the owner has some work vehicles that would be on work sites all day. He stated that the employees take the work vehicles home with them at night. The Chair stated that there was a concern about the public accessing the front of the property instead of using the rear staircase. David Barbuti stated that the front entrances would be used for foot traffic. He stated that the previous car dealership had its entrance on New Broadway. He stated that the proposed use is professional offices and that nothing will be fabricated on the site. The Chair stated that the site is inherently problematic. He asked if it would be better to demolish the site and start over. He stated that the Board had previously requested supporting information to show why demolishing the site is prohibitive. Zoning Board of Appeals Meeting, January 16, 2008 3 �Greg Kuczinski stated that demolition would make this cost prohibitive. He stated that the site can accommodate the parking needs if the tandem parking would be permitted. Linda Moiron asked about the number of employees on site. Greg Kuczinski responded that the owner has 5 employees on site. He stated that one of the proposed tenants also has 5 employees. He estimated that 14 employee spaces are needed. He stated that that tandem parking could be approved with the condition that the only the owner is inconvenienced. Gordon Swartz stated that many of the properties on Broadway are built up to the property limits. He stated that a buffer should be constructed so that there is more curb-appeal in the Gasoline Alley section of the Village. He stated that the Board should look at the entire Broadway strip. Gordon Swartz asked about the tandem parking. Sean McCarthy stated that tandem parking is permitted in some residential uses. He stated that it could be dangerous if vans must be maneuvered in the lot. He stated that it is not recommended since this would be an enforcement issue. Sean McCarthy stated that based on the size of the building, 24 parking spaces are required. He stated 5 additional spaces were added based on the additional work vehicles used by the owner. He stated that the parking plan now required 29 parking spaces. The Chair stated that the parking issue is based on the proposed use of the building based on the business that will be occupying the space. Greg Kuczinski stated that 21 parking spaces are proposed. The Chair asked if the Board had any other questions. There were none. The Chair re-opened the public hearing. Rosemarie McMannis (31 New Broadway) stated that there is still no solution to the parking congestion on New Broadway. He stated that the size of the building should be reduced to accommodate the proposed parking plan. She stated that employees will park on New Broadway instead of parking in the rear of the building. She stated that an elevator should be added in order to make parking in the rear more appealing. Sonja Monroe (63 New Broadway) stated that people will not walk up the stairs to access the rear parking area. Larry Doyle (16 New Broadway) stated that structure is a pre-existing non-conforming use. He stated that no matter what the proposed use, a variance is needed. He stated that his property has 38 steps in the front. Zoning Board of Appeals Meeting, January 16, 2008 4 �Rosemarie McMannis stated that the street is a public street and anyone can park on the street. Since there were no further public comments, the Chair made a motion to close the public hearing. Diane Martello seconded. It was unanimous (4-0). The Chair spoke about the parking plan and the proposed use. He stated that there are several problems with this application. Gordon Swartz stated that this area is congested but the Board does not want the structure to be vacant. He stated that the number of proposed businesses at the site needs to be re-evaluated. Linda Moiron stated that the area is already too dense. Greg Kuczinski stated that the parking lot could have 100 spaces and the employees might still park on New Broadway. The Chair made a motion to deny the application. He stated that the proposed variance is substantial. He stated that the application negatively impacts the community and is a self-created hardship. Gordon Swartz seconded. It was denied (4-0). 3) Scuderia CG LLC 8 Kendall Avenue Proposed mixed-use This is an application for variances from Chapter 62 of the Code of the Village of Sleepy Hollow. The proposal is to convert a single-family residence with an artist studio to a mixed-use development; specifically, the continuation of the residential dwelling unit, and the conversion of the artist studio to 1,217 sq. ft. of office space and a storage and maintenance garage for a private automobile collection, where the following variances are required: Article IV, Section 62-8.B.: Schedule of Regulations - Automotive use is not a permitted use. Article IV, Section 62-20.3.B.: Mixed Use Automobile use is not a permitted use. Article IV, Section 62-10.3.F.: Mixed Use Automobile use is not permitted with a residential mixed use. 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. John Marwell is an attorney representing this application along with the contract vendee. Zoning Board of Appeals Meeting, January 16, 2008 5 �John Marwell stated that the applicant is seeking an interpretation from the Board for the proposed use. He gave a very brief overview of the proposed use of the building. He stated that the use would be for the storage and maintenance of the owners personal classic car collection. Gordon Swartz asked why the property is being proposed for this use. John Marwell stated that this property meets the applicant’s needs. Roger Pelleton is the project architect. He presented an interior plan showing the proposed renovations to the first floor. Mr. Munchkin is the project manager. He stated that this is a private collection and the owner will only store his cars there. Grodon Swartz asked if this use is an automotive use. John Marwell responded that the use is for the storage of automobiles. He stated that the proposed use would be a permitted use as an accessory use. The Chair stated that the statute can be interpreted in several ways. Sean McCarthy expressed concerns about setting a precedent about allowing the automobile use. He stated that conditions should be placed on an approval to restrict future applicants from requesting a similar variance. John Marwell suggested that the vehicles on the site be limited to cars owned by the owner. He stated that other vehicles will not be serviced on the site. He also stated that another limitation can be that all automotive work will be performed indoors. The Chair opened the public hearing. Maria Martin (11 Kendall Avenue) stated that previous applications had two parking spaces removed to accommodate previous businesses. She asked if the parking spaces could be returned for public parking use. John Marwell responded that currently there is no objection. He stated that the on-site mechanic will park in the parking lot across the street. He stated that the parking lot is part of the property. John Marwell asked the Board for a reversal of the Building Inspector’s interpretation. Gordon Swartz stated that he would like the Village Attorney to interpret the intended automotive use of the Code in this zoning district. The Chair stated that automotive use under the Village Code does not apply to a private automotive collection that will be maintained for the owner’s personal use. The public hearing was adjourned to the next meeting. Zoning Board of Appeals Meeting, January 16, 2008 6 �The Chair made a motion to continue this item to the next meeting in order to get advice from the Village Attorney. Linda Moiron seconded. It was unanimous (4-0). This item was adjourned to the next meeting. 4) Minutes from November 2007 meetings The minutes from the November 2007 meeting were reviewed. The Chair made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (4-0). Adjourned 10:27 pm. Zoning Board of Appeals Meeting, January 16, 2008 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-2008 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_2008-01-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2008 Date A point or period of time associated with an event in the lifecycle of the resource 2008 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