https://sleepyhollow.localarchives.org/files/original/e6d9e4a2fceed17b8962866be8c33111.pdf f5c356abde053be555695e1326e1795a PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED November 19, 2008 The meeting was called to order by Robert Anello, Chairman at 8:11 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Peter Koffler Diane Martello Linda Moiron Gordon Swartz Absent : Timothy Judge Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village Architect/ Village of Sleepy Hollow) Agenda: 1) Grotto Holding Corp 300 North Broadway 2) Kin Ching Li 24 Anderson Ave 3) Ruben Marte 129 Depeyster Street 4) Korean Church of Westchester 242 North Broadway 5) Marco Arajuo 68 Beekman Avenue 6) Approval of minutes from October 2008 Proposed new deck Proposed one-story addition Convert 1-family to 2-family Proposed alterations Proposed mixed-use building Announcements: None. 1) 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 applicant provided any additional information. Greg Kuczinski responded no. He stated that the application is still before the Planning Board. He stated that there was supposed to be a special meeting with the Planning Board but the meeting did not take place. The Chair stated that this application has been before the Board for many months. He stated that the applicant can use the property for a different use and not need many of the requested variance. He stated that the proposed parking plans require maneuvering of many cars. He stated that there is a safety issue with the parking plan. He stated that the applicant can proposed to reduce the size of the structure to reduce the required parking spaces. �The Chair also stated that this application is clearly a self-created hardship. He stated that the property has multiple uses but the applicant has chosen a use that requires a parking variance. He stated that the previous business had a variance for parking when it was used for the car dealership. Greg Kuczinski responded that the parking variance was not known until last meeting. He stated that it was not listed in the title report. He stated that his client met with the Village and stated his intended use prior to purchasing it. The Chair responded that the applicant should have purchased the property with conditions. Sean McCarthy responded that he met with the applicant prior to purchase. He stated that the required Village approvals were told to the applicant. Greg Kuczinski stated that the issue with the loading zone was resolved with the Village. David Barbuti responded that the parking plan is new. He reviewed the revised parking plan for the Board. He stated that the site plan was modified to provide 22 parking spaces. He stated that no parking variances are needed. He stated that the only variances needed are for the preexisting non-conforming use and for the buffer zone. The Chair asked if the parking plan conforms to the Village code. Sean McCarthy responded yes. He stated that the only issue is the loading zone. The Chair asked about the loading zone. Sean McCarthy responded that the required loading zone is 350sf. He stated that the proposed loading zone is 250sf. Peter Koffler asked about the loading zone requirement of 6am to 9am. Greg Kuczinski responded that deliveries would be made between this timeframe. Eliot Martone asked how the applicant will make UPS and FedEx deliver within this timeframe. The Chair asked about the number of variances. Sean McCarthy responded that a variance is needed for the required 5-foot landscape buffer. He stated that the proposed staircase is reducing the side yard setback from 5.42-feet to 1.42-feet. Gordon Swartz asked how employees would access the building if the elevator was out of service. David Barbuti responded that they would have to walk around the building. Gordon Swartz asked about the Village Planner’s memo regarding concerns about a few parking spaces. David Barbuti responded that all of the Village Planner’s comments have been incorporated into the plans. The Chair asked if the applicant still requires a parking variance. Greg Kuczinski responded only for the loading zone. He stated that no other parking variances are required. APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 2 �Peter Koffler asked about enforcement of the loading zone timeframes. Sean McCarthy responded that a violation would be issued. The Chair stated that a loading zone that does not operate 100% of the time is not a loading zone. The Chair checked §62-28 (2) to review the loading zone requirements. Peter Koffler asked why the loading zone restriction is needed. Greg Kuczinski responded that it was a recommendation of the Planning Board. He stated that the applicant does not require the restriction. The Chair asked if any parking spaces can be included in the buffer. Sean McCarthy responded that as per §62-9 (c), no parking spaces can be included in the buffer areas. The Chair stated that the side yard setback is also needed. Sean McCarthy responded that the side yard variance is needed for the stairs. The Chair re-opened the public hearing. Since there were no public comments, the Chair closed the public hearing. The Chair asked if the Board had any comments. Sean McCarthy stated that the reduced size might reduce one parking space while the loading space is being used. The Chair responded that if the loading zone if being blocked, it is not a loading space. The Chair stated that since the applicant modifying their application to withdraw their request for a parking plan, the site plan needs to provide 100% of the required parking. Gordon Swartz asked about the proposed tenants. Greg Kuczinski responded that there is no prospective tenant. The Chair stated that the stairs should be brought to the right side of the property and remove the display case section of the structure. Greg Kuczinski responded that the stairs can be eliminated and the buffer would be restored. Eliot Martone asked if the staircase can be installed inside. He stated that the required 5-foot buffer would be restored. He stated that the variance would be less substantial. David Barbuti responded that he would revise the plans. The Chair summarized the conditions for an approval. He stated that the Board would allow the applicant to withdraw the parking variance at the applicants request. The Board would grant a limited landscape buffer variance in a portion of the side yard. The area noted as a block walk would be restored to a buffer. He stated that the Board is basing their decision on the drawings APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 3 �amended on 10-31-08. An elevator is also required from the parking area to the first floor. A door is required to access the elevator. The elevator will be accessible to tenants and customers. The door will be visible from the parking lot with proper signage. Internal staircase will be provided. Tenancy of the building will be limited to 3 commercial tenants. The referral to the Planning Board is that there is no parking variance being requested. He stated that the site plan must comply with the zoning code with regards to parking. Peter Koffler stated that the Board should review their notes over the last 1 ½ years and compile all of the conditions. This was adjourned to later in the meeting. 2) Kin Ching Li 24 Anderson Ave Proposed one-story addition This is a continuation from previous meetings. Kin Ching Li is the owner and is representing this application along with architect Jon Turnquist. The Chair noted that the Board has received the following: 1) plans dated Nov 12, 2008 Jon Turnquist gave an overview of the proposed application. He stated that the existing greenhouses are leaking. He stated that the applicant wants to re-install an enclosed structure about 2/3s of the size of the existing greenhouses. Diane Martello stated that the greenhouses are illegal. Jon Turnquist responded that the greenhouses were installed with the original house but were not included in the plans. He stated that the structure would match the southern side of the greenhouse. He stated that a patio would be installed as part of the alteration. The Chair opened the public hearing. Since there were no public comments, the Chair closed the public hearing. The Chair asked about the other existing violations on the property. Sean McCarthy responded that all violations have been corrected. The Chair asked if ARB approval is needed. Sean McCarthy responded yes. The Chair stated that this is not a substantial variance. He stated that it is not out-of-character with the neighborhood. He stated that ARB approval is required. APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 4 �Gordon Swartz made a motion to approve the application as submitted. Peter Koffler stated that this application is lessening the existing non-conformity. He seconded the motion. It was unanimous (6-0). 3) Ruben Marte 129 Depeyster Street Convert 1-family to 2-family - This is an application for an area variance to convert a single-family residence to a twofamily residence where the following variances are required: Lot width Existing lot width = 19.60 ft. Minimum lot width = 40.0 ft. Lot Area Existing lot area = 2,979 sq. ft. Minimum lot area = 4,000 sq.ft Front Yard Setback Existing front yard set back = 0.00 ft Minimum front yard setback = 20.00 ft. One Yard Side Yard Set Back Existing one side yard set back = 0.00 ft. Minimum one side yard setback = 5.0 ft. Combined Side Yard Set Back Existing combined side yard set back = 0.00 ft. Minimum combined side yard setback = 15.0 ft. Floor Area Ratio (FAR) Existing FAR = 0.628 Maximum FAR = 0.492 Parking spaces Two parking spaces are required where none are provided. The public notice was read aloud for the record. The Chair asked if the proof of mailings were received. Sean McCarthy responded yes. Jon Turnquist is the project architect and is representing this application along with owner, Ruben Marte. APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 5 �The Chair asked if the property is being used as a 2-family structure. Ruben Marte responded yes. Sean McCarthy stated that the house was owned as a 1-family residence for over 60 years. He stated that the house has 2 kitchens. He stated that the applicant obtained a permit to renovate a 1-family house. Ruben Marte stated that there are 2 utility meters and the property is listed in the Town of Mt. Pleasant as a 2 family structure. The Chair asked if the house is occupied by 2 families. Ruben Marte responded yes. He stated that the 2 tenants are related to each other. Sean McCarthy responded that there is no Certificate of Occupancy on the property from the building permit. The Chair stated that this is a self-created hardship. He stated that since there is no Certificate of Occupancy, this is detrimental to the neighborhood. The Chair asked if the applicant was represented by an attorney at the closing. Ruben Marte responded yes. The Chair asked if the applicant has a mortgage or paid cash for the property. Ruben Marte responded that he paid cash for the house. Eliot Martone asked if the applicant obtained Title insurance. Ruben Marte responded yes. Peter Koffler responded that the Title insurance would have included a municipal search that would have noted that a Certificate of Occupancy did not exist. Gordon Swartz asked about the corrective action needed for the Village to correct this violation. Sean McCarthy responded that a Cease and Assist order will be served. Gordon Swartz stated that the applicant should not be considered. The Chair stated that the variance should be denied. He stated that this is property is being used illegally and is unsafe. The Chair opened the public hearing. Since there was no public comment, the Chair closed the public hearing. The applicant requested that the application be withdrawn. Peter Koffler made a motion to deny the applicants request to withdraw the application. Linda Moiron seconded. APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 6 �Gordon Swartz stated that the applicant can correct these issues and return within a few months. The Chair stated that the denial of the variance will assist Sean McCarthy in getting a Cease and Assist order. It was unanimous (6-0). Linda Moiron made a motion to deny the variance. Gordon Swartz seconded. It was unanimous (6-0). 4) Korean Church of Westchester 242 North Broadway Proposed alterations - This is an application for an area variance to add a third level to a portion of an existing church damaged by fire where the following variances are required: Article IV, Section 62-7.B.: Application of Regulation - The existing church use is not a permitted principal use in the R-3 District. Building Coverage Existing total building coverage = 38.5% Maximum = 30% Building Height Existing building height = 46-ft-9 in Maximum = 35 ft. Floor Area Ratio (FAR) Existing FAR = 16,713 sf Proposed FAR = 12,499 sf Maximum FAR = 5,000 sf Parking Spaces Existing building requires = 40 spaces Proposed new are requires = 16 spaces No on-site parking is proposed The public notice was read aloud for the record. The Chair asked if the proof of mailings were received. Sean McCarthy responded yes. Jeffrey Schmudeja is an attorney and is representing this application along with the owners. The Chair stated that the Board had received the following: 1) application dated 10-22-08 APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 7 �2) letter of agreement from Tarrytown school district 3) survey 4) building plans dated 10-22-08 5) Coastal Assessment Form Jeffrey Schmudeja gave an overview of the proposed alterations. He stated that the recent fire has forced the church to re-evaluate the use of the Annex. He stated that a 3rd floor would be added for additional classrooms. The Chair asked about the cause of the fire. Peter Chu responded that a bird’s nest was found in the vent pipe of the hot water system. He stated that there was a substantial amount of water damage as well. The Chair asked if a fire sprinkler would be installed as part of the renovation. Sean McCarthy responded that as a result of the renovation, the entire structure would probably be required for the entire structure. The Chair asked about the number of parking spaces required. Jeffrey Schmudeja responded 56 parking spaces are needed. Jeffrey Schmudeja reviewed the requested variances. He stated that the variances are primarily surrounding the fact that the church is located in a Residential District. He stated that the FAR has increased and the parking requirements. He stated that there is an agreement with the Tarrytown School District to utilize their parking facilities. Gordon Swartz stated that the agreement notes that the arrangement can be cancelled by either party within 30 days. Jeffrey Schmudeja agreed that the agreement could be cancelled. He stated that this arrangement has been in place since 1994 and both side benefit from it. The Chair asked if a letter could be obtained from the school district indicating that they intend to keep the existing agreement in place for the foreseeable future. Jeffrey Schmudeja gave an overview on the Federal laws and NYS laws regarding increasing flexibilities being granted to religious facilities. The Chair opened the public hearing. Since there was no public comment, the Chair closed the public hearing. The Chair asked if the agreement was broken, what would be an alternative solution. Sean McCarthy responded that an alternative arrangement would have to be found. Gordon Swartz made a motion to approve the application with the condition that the applicant obtains a letter from the school board indicating that they intend to continue abiding by the existing agreement. A complete sprinkler system is also required. The applicant has 90 days to obtain the letter from the school board. Eliot Martone seconded. It was unanimous (6-0). APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 8 �5) Marco Arajuo 68 Beekman Avenue Proposed mixed-use building - This is an application for an area variance to construct a 3 story 5,100 SF mixed-use building where the following variances are required: Article IV, Section 62-8.B.Part I: (3) residential units are proposed for the existing 3,146 SF lot area where 5,000 SF lot area is required for (3) residential units. Rear Yard Buffer Required = 10 ft. Proposed = 0 ft. Floor Area Ratio (FAR) Proposed FAR = 1.4 (4420 sf) Maximum FAR = 1.4 (4404 sf) Accessory Structure The proposed 8 ft. x 10 ft. detached shed is not a permitted accessory structure. Parking Spaces Required = 14 spaces Proposed = 0 spaces Loading Space Required = 1 space Proposed = 0 spaces The public notice was read 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) letter from Luigi Demasi 2) short EAF 3) plans dated 8-25-08 Luigi Demasi provided the Board with a revised front elevation. The Chair asked if this building was the same size as the original. Luigi Demasi responded that the footprint was the same but the proposed building is one floor higher. He stated that an additional residential space is being added. APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 9 �Eliot Martone asked about the number of bedrooms on the additional space. Luigi Demasi responded 2 bedrooms. Gordon Swartz asked about the use before the fire. Luigi Demasi responded that a restaurant on the lower floor and a residential unit on the second floor. Sean McCarthy stated that there was an apartment in the rear of the property but the new plans do not include the apartment in the rear. He stated that the original structure had 2 apartments but the new plans proposed 3 apartments. Eliot Martone asked about the 250-foot limitation regarding food service establishments. Sean McCarthy responded that the application is for the apartments and a lower level retail. He stated that if the use changes, they will have to return for an approval. The Chair stated that there is no parking on Beekman Avenue. He stated that he would like to hear the Planning Board’s opinion on this application. He wanted to get an understanding on the long term planning for Beekman Avenue. Sean McCarthy stated that if the property owners could get together, parking could be provided in the rear of the building. He stated that emergency access could also be provided. The application was referred to the Planning Board for their feedback on parking and the additional floor on the building. The motion to adjourn this application to the next meeting was unanimous (6-0). Continued 1) Grotto Holding Corp 300 North Broadway Proposed new deck - The Chair stated that additional conditions added to the motion are: 1) Only 3 occupants (tenants) can occupy the building 2) Applicants response letter to Village Planner’s letter will become an exhibit to the minutes. The substance of the conditions must be met but the specific language to be determined by the Planning Board 3) Revised plans to be submitted and approved by the Building Inspector Linda Moiron made a motion to approve the application with the stipulations listed above. Linda Moiron seconded. It was unanimous (6-0). APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 10 �6) Minutes from Oct 2008 meeting The minutes from the October 2008 meeting were reviewed. Eliot Martone made a motion to approve the minutes as amended. Diane Martello seconded. It was unanimous (6-0). The Board agreed that there would not be a December meeting. Adjourned 11:33 pm. APPROVED - Zoning Board of Appeals Meeting, November 19, 2008 11 � 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_2008-11-19 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