https://sleepyhollow.localarchives.org/files/original/140929964db59339389e99de4b0b451a.pdf 342043783e36531a4eb04b6c9b751010 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED July 16, 2008 The meeting was called to order by Peter Koffler, Acting Chairman at 8:21 pm. The Chair noted that a quorum was present. Present: Peter Koffler Timothy Judge Diane Martello Linda Moiron Gordon Swartz Absent : Robert Anello, Chairman Eliot Martone Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village Architect/ Village of Sleepy Hollow) Agenda: 1) Seiler-Dilonardo 7 Millard Avenue 2) Rodrigues Residence 33 Hudson Terrace 3) Grotto Holding Corp 300 North Broadway 4) Approval of minutes from May 2008 Proposed swimming pool Proposed 2nd floor addition Proposed office use Announcements: None. 1) Seiler-Dilonardo 7 Millard Avenue Proposed swimming pool - This is an application for an area variance to construct a swimming pool where the following variances are required: One side yard set back Existing = 8.59 ft Minimum = 10.0 ft. Accessory use rear yard coverage Proposed = 42% Maximum = 30% Brian Seiler is the owner and is representing this application. The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings were received. �Sean McCarthy responded yes. Brian Seiler stated that this application to install a swimming pool and re-do the landscaping on the property. He stated that he wants to make these improvements to his property while maintaining the character of the house. He stated that he was also trying to minimize any impacts to his neighbors. He reviewed the location of the pool and proposed fence. The Chair stated that the Board had received the following: 1) Application 2) Plans 3) Zoning compliance form 4) Zoning minutes from 2006 (prior variance) The Chair asked about the need for the pool. Brian Seiler responded that the pool is for recreational purposes. The Chair asked about the location of the pool pump from the side yard. Brian Seiler responded that the pump is about 10-15 feet from the side yard. He stated that the neighbors are not opposed to this application. Gordon Swartz asked about the size of the pool. Brian Seiler responded that the pool is smaller than a standard pool. Gordon Swartz asked how many other pools are installed in Philipse Manor. Brian Seiler responded that he did not know. Gordon Swartz stated that this might be out-of-character with the neighborhood. Brian Seiler responded that many younger families are moving into the area. He stated that there will probably be more pool application before the Board in the future. There was an open discussion on the requested variances. Sean McCarthy stated that the side yard setback is for a pre-existing non-conformity. He stated that the pool is increasing the lot coverage so the variance for lot coverage is a direct result of the pool. He stated that the pool deck and equipment area is included in the lot coverage calculation. The Chair asked about the pool coverage and the pool accessory coverage. Sean McCarthy referred to the site plan for the requested coverage calculations. The Chair reviewed the prior variance. He asked about the impacts of the prior variance on this application. Sean McCarthy stated that the prior variance was for a side yard setback and the combined side yard setback. He stated that the owners did not know that they owned additional land on the side yard. He stated that the combined side yard variance actually was not needed. The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, July 16, 2008 2 �Don Catano (43 Lawrence Avenue) asked how the applicant would fill the pool. Brian Seiler responded that the pool could be filled by tanker trucks. Don Catano asked about the site drainage. Sean McCarthy responded that dry wells are proposed. Don Catano stated that the Board is setting a precedent for other residents in the Village to install pools. The Chair stated that the applicant will still need to get site plan approval from the Planning Board. Since there were no public comments, the Chair made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (5-0). The Chair asked if there were other pool layouts that were prepared. Brian Seiler responded that there were several different revisions of the pool and deck. The Chair stated that he does not feel that the pool is out-of-character with the neighborhood. Peter Koffler reviewed the conditions for granting an area variance. He stated that the application is not out-of-character with the neighborhood. He also stated that this is the only location that the pool can be installed. He stated that the application is not substantial since the accessory equipment is included in the coverage calculations. Timothy Judge asked about the existing deck. Brian Seiler responded that the existing deck was removed to install a smaller deck and the swimming pool. Gordon Swartz continued reviewing the conditions for an area variance. He stated that the pool can be an environmental impact. Timothy Judge asked about the depth of the pool. Brian Seiler responded 6-feet deep. He stated that the rear yard will be raised up to minimize any excavating. Gordon Swartz stated that this is a self-created hardship. Gordon Swartz stated that the dry well calculations should be provided to show that proper drainage is being provided. Sean McCarthy responded that the Planning Board’s review will require the applicant to provide sufficient storm water management to handle the 100-year storm event. APPROVED - Zoning Board of Appeals Meeting, July 16, 2008 3 �Gordon Swartz continued stating that the application is not an undesirable impact on the neighborhood. He stated that it is consistent with the quality of the neighborhood. He stated that it is not visible from the street. He stated that it is self-created but that should not preclude the Board from granting the variance. The Chair made a motion to grant the variance. Linda Moiron seconded. It was unanimous (5-0). 2) Rodrigues Residence 33 Hudson Terrace Proposed 2nd floor addition This application is a request for an area variance to legalize a detached two car garage and to construct a second floor addition to a two-family residence where the following variances are required: Accessory use coverage Existing = 36% Maximum = 30% Front yard set back Existing =8.9 ft Minimum = 20.0 ft is required. Garage side yard set back Proposed = 2.7 ft. Minimum = 3.0 ft. Front yard set back Proposed = 15.9 ft. Minimum = 20.0 ft. is required. Sam Vieira is the project architect and is representing this application on behalf of the owners. The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application 2) Plans 3) Letter from SFV design for Zoning Board 4) Zoning compliance form 5) Excerpts from a prior ZBA meeting 6) Survey APPROVED - Zoning Board of Appeals Meeting, July 16, 2008 4 �Sam Vieira stated that this application will address two different issues. He stated that a previous variance was given to construct a garage on the side yard. He stated that the garage was accidentally built a few inches too close. This was realized from an as-built survey. He also reviewed the proposed second floor addition. He stated that the owners have 2 teenage girls and one existing bathroom. He stated that the owners need the additional room. He stated that the only variance needed for the addition is for the front yard. The Chair asked about the survey and the location of the garage. Sam Vieira stated that the company who staked the property in 2005 was not the same company who performed the 2008 as-built survey. Sam Vieira spoke about the neighbor surrounding the property. He stated that the property is surrounded by the Sleepy Hollow High School and the Korean Church. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (5-0). Gordon Swartz asked if the owners could convert this property to a 2-family residence. Sam Vieira responded that the property is currently a 2-family residence and is permitted under the Zoning Code. He stated that the net gain from this proposed work is one-bedroom and one bathroom. Linda Moiron stated that this application is not out-of-character with the neighborhood. The Chair stated that the application is not substantial and will not have a physical or environmental impact on the neighborhood. He stated that the garage location is accidentally self-created but the applicant sought a variance in an attempt to follow the code. Timothy Judge made a motion to approve the application as submitted. Linda Martello seconded. It was unanimous (5-0). 3) Grotto Holding Corp 300 North Broadway Proposed new deck 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. APPROVED - Zoning Board of Appeals Meeting, July 16, 2008 5 �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. Applications of regulations Adding to and altering an existing non-conforming building. Greg Kuczinski is an attorney representing this application along with project architect, David Barbuti. The Chair read the public notice aloud. The Chair asked if the proof of mailings were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application w/ short EAF 2) Plans 3) Zoning compliance form 4) Site plan The Chair asked the applicant to highlight the changes to the application from the previous version. Greg Kuczinski summarized the changes to the plan. He stated that the roof structure on New Broadway was reduced to have small shed roofs over each entrance. He stated that the parking variance is not required. The Chair asked if the main entrance would remain on New Broadway. APPROVED - Zoning Board of Appeals Meeting, July 16, 2008 6 �David Barbuti responded yes. He stated that the neighbors commented that the façade did not match the neighborhood. He stated that the New Broadway façade has been reduced. Timothy Judge asked about the interior uses. David Barbuti explained the proposed interior layout. He stated that the space will be configured for the owner and 2 additional tenants. Linda Moiron asked about the number of proposed offices. David Barbuti responded three. The Chair asked about the number of compact spaces. David Barbuti responded that the Zoning Code permits the proposed number of compact and transient spaces. Linda Moiron asked about the “no left-hand turn” leaving the property. David Barbuti responded that this was a requirement from the previous owners’ site plan approval. He stated that this requirement will remain. The Chair asked about the landscape buffer. Greg Kuczinski responded that additional landscaping is proposed to provide the required buffer. The Chair opened the public hearing. Don Catano (43 Lawrence Avenue) stated that there are problems with tractor trailers getting stuck on New Broadway. He stated that the owners should be required to coordinate their parking and traffic plan with the Village’s proposed changes for Route 9. Mrs. Johnson (50 Willard Avenue) stated that the application should be approved. Since there were no further public comments, Grodon Swartz made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Timothy Judge asked if a traffic study was performed to analyze the impacts on Route 9. David Barbuti responded that a traffic study was not required. Sean McCarthy responded that a traffic study was recently performed for the intersection in front of Philipsburg Manor. Greg Kuczinski added that there will not be a large traffic impact based on the proposed businesses. Gordon Swartz asked about the temporary work performed on the site. Greg Kuczinski responded that no work has been performed on the site recently. Gordon Swartz asked about the number of gas meters. David Barbuti responded that the additional gas meters are proposed for the A/C units on the roof. APPROVED - Zoning Board of Appeals Meeting, July 16, 2008 7 �Gordon Swartz stated that the additional gas meters can permit the owner to increase the density of the property. Sean McCarthy responded that the Board’s approval can have conditions prohibiting the number of businesses that can occupy this space. Timothy Judge asked about the number of employees at the property. David Barbuti gave an overview of the proposed uses and the number of employees. Gordon Swartz stated that the applicant should present their employee growth potential so the Board can consider some conditions. The Chair asked if the Board had any other questions for the applicant. Gordon Swartz responded that any traffic information should be provided. Greg Kuczinski asked if there was any way that the Board could hold a work session or special meeting so that any additional information can be presented or discussed. Gordon Swartz responded that the Board does not meet in August. The Chair asked for a parking schematic plan on one sketch. Linda Moiron made a motion to continue this application to the next meeting. Timothy Judge seconded. It was unanimous (5-0). 4) Minutes from May 2008 meeting The minutes from the May 2008 meeting will be reviewed at the next meeting. Adjourned 10:38 pm. APPROVED - Zoning Board of Appeals Meeting, July 16, 2008 8 � 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_2008-07-16 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