https://sleepyhollow.localarchives.org/files/original/c8be5723f3cfa5a46595cbbc77c5dac2.pdf 1324865e836c6e3829ef2de47108968c PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED October 15, 2008 The meeting was called to order by Robert Anello, Chairman at 8:08 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Peter Koffler Diane Martello Linda Moiron Absent : Timothy Judge Gordon Swartz Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village Architect/ Village of Sleepy Hollow) Agenda: 1) Grace & Wai Man Yeung 254 Harwood Ave 2) Denise Wagner Furman 14 Kingsland Road 3) Kin Ching Li 24 Anderson Ave 4) Grotto Holding Corp 300 North Broadway 5) Approval of minutes from September 2008 Proposed mech equip in rear yard Legalize rear addition Proposed one-story addition Proposed new deck Announcements: The Chair noted that the Marte application and the Yeung application are not on the agenda this evening. 1) Grace and Wai Man Yeung 254 Harwood Ave Proposed mech equip in rear yard - Radislov Opacic 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 is in receipt of the following: 1) notice 2) letter from the architect dated 9-28-08 3) survey dated 10-24-00 amended 7-24-08 4) acoustic report from HMD 5) photos �6) revised plans dated Radislov Opacic stated that the A/C equipment was installed in the side yard instead of the originally approved location. He stated that the owners were not aware that equipment was included in the setback requirement. Sean McCarthy stated that the plans indicate an A/C pad location within the setback requirements. The Chair asked if the equipment can be relocated to its previously approved location. Radislov Opacic responded that the equipment can be relocated but the owners are proposing a solution that will be acoustically treated and screened to minimize most of the impacts. The Chair asked if the applicant had spoken to any of the neighbors about the changes. Radislov Opacic responded that the neighbors were not consulted. Radislov Opacic stated that in order to install the A/C units in their approved location, a substantial amount of vegetation will need to be removed. He stated that the A/C unit would be more beneficial to the neighborhood if it were allowed to be installed in this location. The Chair opened the public hearing. Steven Bradison (239 Kelbourne Ave) read a prepared statement opposing the relocation of the A/C unit. Larry Lace (251 Kelbourne Ave) stated that he is opposed to this application. Richard Pano (215 Harwood Ave) asked if the compressors are being located near the house. The Chair responded that the compressors are being located behind the garage. Richard Pano stated that it appears that the compressors are being located away from the owner’s house and closer to the adjacent neighbors. He questioned the need for a variance. John Bogus (266 Harwood Ave) stated that he lives next door to the applicant. He expressed concerns about relocating the compressors near his house. Peter Koffler stated that the solution may alleviate the noise. If the A/C units are installed in their originally approved location, the noise might be louder than the proposed solution. The Chair stated that if the A/C units are relocated, it would be considered as a second accessory structure. He stated that a second accessory structure is not permitted. Peter Koffler asked about the noise ordinance. Radislov Opacic responded that the noise levels are being addressed with acoustical treatment. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, October 15, 2008 2 �The Chair asked if the Board had any questions. Peter Koffler stated that there are other locations that can be presented. He stated that the acoustical treatment can still be installed. The Chair stated that this is a self-created hardship. He stated that the applicant was irresponsible in their installation of the A/C units. He stated that the application is out-ofcharacter with the neighborhood. He stated that the variance is not the minimum that can be granted. He stated that without the accessory structure, nothing would be permitted to be built in the rear of the property. He stated that the A/C units should be proposed on a free-standing structure closer to the house. Linda Moiron stated that the variance should be denied. Peter Koffler stated that if the applicant appeared before the Board during construction, the Board might find an alternative. Eliot Martone made a motion to deny the application as submitted. Linda Moiron seconded. It was unanimous 5-0. 2) Denise Wagner Furman 14 Kingsland Road Legalize rear addition Denise Wagener Furman is the attorney representing the previous owners of the property. 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 is in receipt of the following: 1) notice 2) letter of authorization dated 8-15-08 3) survey dated 08-13-08 4) photos Denise Wagner Furman stated that when the structure was purchased back in 1998, there were no violations on the property. She stated that since 1998, the Village has found some older documents that stated a variance was granted for a rear addition back in 1965. She stated that this structure was constructed 43 years ago. She stated that it is 18-inches into the rear yard setback. She presented photos to illustrate the visual impacts to the neighborhood. She stated that this has a minimum impact on the community. She also stated that this is not a self-created hardship. She stated that this addition is part of the character of the neighborhood. APPROVED - Zoning Board of Appeals Meeting, October 15, 2008 3 �The Chair opened the public hearing. Michelle Gonzalez (16 Kingsland Ave) stated that she is not opposed to this application. The Chair asked Sean McCarthy if the current owners knew about this issue. Sean McCarthy responded no. He stated that these records were stored in the basement of Village Hall and were recently uncovered. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Peter Koffler made a motion to grant the variance as submitted. Eliot Martone seconded. It was unanimous (5-0). 3) Kin Ching Li 24 Anderson Ave Proposed one-story addition Kin Ching Li 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. There was an open discussion on the public notice from September to October. Sean McCarthy responded that the original addition was reduced to eliminate the FAR requirement. The Chair stated that the Board is in receipt of the following: 1) notice 2) application 8-26-08 3) short EAF 4) Zoning compliance form 5) Site plan (undated) The Chair stated that the last time the applicant appeared before the Board, he was told to reduce the greenhouses. He stated that the greenhouses were illegal and installed without a permit. He also stated that apparently, the greenhouses were installed when the house was originally constructed. Kin Ching Li spoke about the proposed renovations. He stated that the greenhouses would be removed. The Chair asked about the old foundation. APPROVED - Zoning Board of Appeals Meeting, October 15, 2008 4 �Kin Ching Li responded that the foundation will not be removed. He stated that a porch would be installed instead. Sean McCarthy responded that the porch is not on the plans. The Chair stated that the porch would be another illegal structure since it is not on the plans. He stated that the foundation is also illegal. Lin Ching Li stated that the greenhouses are leaking and need to be removed or repaired. Sean McCarthy responded that Board approval is not needed to remove the greenhouses. He stated that a demolition permit is needed. It was agreed that a meeting with the project architect and the building department is needed to resolve outstanding issues. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). This was adjourned to the next meeting. 4) Grotto Holding Corp 300 North Broadway Proposed new deck - This is a continuation from previous meetings. Greg Kuczinski is an attorney representing this application along with project architect, David Barbuti. The Chair asked if the Planning Board granted an approval. Sean McCarthy responded that the Planning Board had questions on some of the parking spaces. He stated that the Planning Board asked the applicant to either re-orientate the parking plan or secure off-street parking. He referred to §62-48 regarding recommendation to the Planning Board. Greg Kuczinski stated that the Planning Board asked the applicant to meet with the Village Planning consultants to try to work out the parking issues. He stated that the proposed loading zone will have time restrictions added to reduce the parking impacts. He also stated that 190 Broadway has agreed to lease 2 spaces on 100-year lease agreement. He stated that 2 additional parking spaces are proposed to be leased from the Village of Sleepy Hollow. The Chair stated that Village Trustees have never intervened with a single applicant before. He stated that the Village Trustees might have acted in error since the Zoning Board is not bound to their decision. Peter Koffler asked about the distance from the off-site parking spaces. APPROVED - Zoning Board of Appeals Meeting, October 15, 2008 5 �Greg Kuczinski responded that the 190 North Broadway location is 190-feet from the property and the Village location is 250-feet. He stated that he is allowed 300-feet under the Zoning Code. Greg Kuczinski requested that the Board grant a conditional approval based on the Planning Board’s approval tomorrow night. The Chair stated that there is still an issue with the loading zone. He stated that the proposed loading zone does not comply with the zoning code. He stated that if the Village Trustees do not think that a loading zone if required, they should change the law. David Barbuti stated that scheme D has a loading zone inside the building and provides 22 parking spaces. Sean McCarthy stated that 2 transient spaces are still too small. The Chair asked about the Planning Board recommendation process. Sean McCarthy responded that the applicant has a new plan to present. The Chair stated that off-street parking will not benefit this location. He stated that the Planning Board should be allowed to complete their review of the parking plan. Greg Kuczinski asked if a conditional approval could be granted. The Chair responded no. He stated that a positive Planning Board referral would have a lot of weight. Peter Koffler referred to the Planning Board’s September 2008 minutes regarding Planning Board’s recommendations. Diane Martello stated that she is concerned with people visiting this location being able to safely cross Route 9. The Chair stated that the applicant could eliminate the parking problem by building a residential structure. Greg Kuczinski responded that this proposed use will only use 50% of the built-out space. The Chair stated that this application should be referred back to the Planning Board under §6248. Greg Kuczinski stated that the Planning Board verbally asked the applicant to seek off-street parking or to re-orientate the parking spaces. The Chair asked if the Planning Board provided their recommendations in writing. Greg Kuczinski responded no. There was an open discussion on how to proceed with this application. APPROVED - Zoning Board of Appeals Meeting, October 15, 2008 6 �It was agreed that the applicant will go back to the Planning Board to complete their review of the parking plan. The Chair opened the public hearing. Since there was no public present, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). This item was adjourned to the next meeting. 5) Minutes from Sept 2008 meeting The minutes from the September 2008 meeting were reviewed. Eliot Martone made a motion to approve the minutes as amended. Diane Martello seconded. It was unanimous (5-0). Adjourned 10:00 pm. APPROVED - Zoning Board of Appeals Meeting, October 15, 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_2008-10-15 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