https://sleepyhollow.localarchives.org/files/original/6ff267f13ee6c1e34303ccc600a44921.pdf 02072f9dfc49b44d5fe3409c3337512a PDF Text Text Village of Sleepy Hollow Zoning Board Meeting - APPROVED July 17, 2 0 1 3 Peter Koffler, Chairman, called the meeting to order at 8:05pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Timothy Judge Sherry Bishko Michael Wernick Vishal Brown By Phone: Timothy Church Absent: Maria Gorete-Crowe Also Present: Sean McCarthy (Village of Sleepy Hollow/Building Department) Janet Gandolfo (Village Attorney) Mary Gerlanc (Recording Secretary) Agenda: 1) 2) 3) 4) 5) James and Dana McGovern Peter Oppenheim Neal Rechtman Jeffrey McClung Approval of Minutes 2 0 3 Harwood Avenue 1 2 1 Hunter Avenue 2 7 9 No. Washington 1 1 Holland Avenue Continued Public Hearing Public Hearing Public Hearing June 19, 2 0 1 3 Announcements - The Chair announced the Board would vote on a resolution regarding voting procedure by telephone or electronic means. The Chair read the resolution into the record. Resolutions: (See attached) 1) James and Dana McGovern 2 0 3 Harwood Avenue Continued This is a continuation of an application to construct a two-story addition and entry portico. The Chair announced he would recuse himself from this matter, however Board member Timothy Church would be joining the meeting by phone. Timothy Judge presided as Acting Chair for this application. �The Acting Chair asked if there were any additional submissions. Sid Schlomann, architect, represented this application. He distributed revised drawings to the Board. Mr. Schlomann stated the drawings include new windows on the first and second floor to soften the facade that faces the neighbor's property. He stated the new drawings do not affect the zoning portion of the application. The Acting Chair asked if the neighbors had viewed the plans. Mr. Schlomann responded they had not. A copy of the plans was given to the neighbors to review. Mr. Schlomann summarized the project. He stated it is an addition that extends towards the rear yard and aligns with the existing non-conforming house. The project requires a side yard variance of 1.1 feet. He stated the applicant had reviewed the possibility of changing the renovation design but it was not financially feasible to relocate the kitchen, bathroom and dining room. The applicant feels this plan is not a negative impact on the environment or on the community. Sherry Bishko stated she doesn't think the variance is substantial. It would have the same impact on the neighbor even if it is moved back 1.1 feet. The Acting Chair noted the Zoning Board received a letter from Kathy Yeager, the next-door neighbor. The Acting Chair reopened the Public Comments portion of the meeting: PUBLIC COMMENTS: Richard Plano, 2 1 5 Harwood Avenue read some of the letter sent by Kathy Yeager. Mr. Plano stated that comments have been made that the variance is only 1.1 feet, and his reply is then why couldn't the interior design be lessened by 1.1 feet. He is asking that the minimum setback be preserved. There were no other public comments. Motion to close the public hearing: Moved: Judge Seconded: Bishko Absent: Gorete-Crowe By Phone: Church Vote: 5-0-1 Abstain: Koffler The Acting Chair asked the applicant if they would like to postpone the vote. The applicant responded they would like the Board to vote tonight. The Acting Chair stated he could understand both sides of the matter. He also stated it doesn't cause a significant change in character to the neighborhood and it is not a selfcreated hardship since it is an existing non-conforming property. Planning Board Meeting, July 18, 2013 - APPROVED 17 �The Acting Chair stated that it is a difficult application but taking everything into consideration and the amount of the request being 13 inches and the willingness of the applicant to make accommodations, he would support the application. Motion to approve the variance: Moved: Judge Absent: Gorete-Crowe 2 ) Peter Oppenheim Seconded: Bishko By Phone: Church Vote: 5-0-1 Abstain: Koffler 1 2 1 Hunter Avenue Public Hearing The Chair read the public notice into the record and verified with Sean McCarthy that the returns had been received. He stated the Board had received the following document: • An application • Survey received May 15, 2 0 1 3 Frank Tancredi, architect, and Carolyn and Peter Oppenheim, owners, represented this application. This is a proposal to add a rear addition onto the house, which includes a bedroom on the second floor, a family room/sunroom on the first floor, a pantry space and a lower level walk out master bedroom suite. Mr. Tancredi showed elevations to the Board and how this addition would blend in with the existing architecture of the property. The Chair asked about the variances for the combined side yard. Mr. Tancredi stated the distances to the deck and to the house. Discussion ensued regarding the distances. Timothy Judge asked if the patio was existing. Frank Tancredi stated the existing stonewall is outside the property line. They are proposing a new wall as a retaining wall but not a terrace wall. Discussion ensued about the design of the addition. The Chair asked if they had considered other designs. Mr. Tancredi stated they had considered other designs but this was the final choice. Motion to open the public hearing: Moved: Koffler Seconded: Judge Absent: Gorete-Crowe By Phone: Church Vote: 6-0 PUBLIC COMMENTS: DAVID HODGSON, 2 8 7 North Washington Street, stated he approved of the project and the variance should be granted. Planning Board Meeting, July 18, 2013 - APPROVED 3 �There were no other public comments. Motion to close the public hearing: Moved: Koffler Absent: Gorete-Crowe Seconded: Judge By Phone: Church Vote: 6-0 The Chair stated the variance was not substantial and this would not have an adverse affect on the neighborhood. The applicant considered other designs and this is a minimal variance to accomplish its' goals. This is a minor expansion of the existing non-conforming condition. Motion to approve the application as submitted: Moved: Koffler Seconded: Bishko Absent: Gorete-Crowe By Phone: Church 3 ) Neal Rechtman Vote: 6-0 2 7 9 No. Washington Public Hearing The Chair confirmed with Sean McCarthy that the returns were in. The Chair read the public notice into the record. The Chair stated the Board had received the following documents: • Application • Color architectural drawing dated May 30, 2 0 1 3 • Property survey • Architectural drawings received May 15, 2 0 1 3 William Simeoforides, architect represented the application. The proposal is to construct an apartment on the third floor of the house. They would provide a new entrance through the back of the house to replace the steep stair to the third floor. They are proposing a onebedroom unit. They would replace the front window with a larger window for egress from the bedroom. Mr. Simeoforides stated they have six parking spaces provided - two are in the garage and two of the four outside spaces are for compact cars. The Chair asked if they are creating the parking spaces. Mr. Simeoforides stated they would remove a tree to create a parking space. He distributed color photographs of the property for the Board to review. Timothy Judge asked if they would be increasing impervious surface in rear by removing green space. Mr. Simeoforides stated they would. Planning Board Meeting, July 18, 2013 - APPROVED 4 �The Chair asked the width of the driveway at the narrowest point. Mr. Simeoforides stated it was 9.5-10 feet to the curb. The Chair asked Sean McCarthy the zoning requirement for driveway width. Mr. McCarthy stated it should be 10-feet if it is an existing driveway. Discussion ensued regarding size of parking spaces and turn around space for cars in the rear of the property. Mr. Judge stated snow removal would make the parking more difficult and safety could be compromised if an ambulance/first responder had to access the apartment in the rear. Discussion ensued regarding the design of the new parking area. Janet Gandolfo stated the applicant would have to fulfill the number of regular size parking spaces first and then a portion of those regular spaces could be compact size. Mr. Simeoforides stated they would provide four full size spaces and two compact and the only reason for the compact size spaces is the backup distance in the rear. Michael Wernick asked if there was on-street parking. Mr. Simeoforides stated there was parking on both sides of the street. Neal Rechtman, owner, stated it was possible to back out of the garage and turn around in the driveway and drive out to the street. Sean McCarthy stated that zoning requires four full-size and two compact size parking spaces and the compact spaces must be adjacent to each other. Discussion ensued about the parking layout. Sean McCarthy stated there was nothing in the zoning ordinance about back up space required for a car, however the Planning Board usually considers nothing less than 20 feet for back up space and prefers 2 2 - 2 4 feet of back up space for a full size car. Mr. McCarthy stated that in the past, the Planning Board has decided if the applicant does not have that amount of back up space, then it compromises the required parking space and it can't count as a parking space. Timothy Judge stated if the applicant removes a parking space on the property, then the applicant would need a parking variance. Motion to open the public hearing: Moved: Koffler Seconded: Bishko Absent: Gorete-Crowe By Phone: Church Vote: 6-0 PUBLIC COMMENTS: DAVID HODGSON, 2 8 7 North Washington Street, stated this property is a large house in a row of smaller house and currently a non-conforming lot that is built from one side to another with a lot that looks completely paved. He stated that variances are to make sure there is a reasonable ratio of people in a structure. He also stated the taxes paid on these Planning Board Meeting, July 18, 2013 - APPROVED 5 �units is disproportionate. The single-family owners pay the tax burden not the owner of these rental units. There were no other public comments. Motion to close the public hearing: Moved: Koffler Absent: Gorete-Crowe Seconded: Bishko By Phone: Church Vote: 6-0 William Simeoforides stated that the majority of homes in this area are not single-family homes. The structure is an old 1890's structure and the variances they are requesting are based on the original non-conforming structure and not any additions that have been added. He stated he felt it was not out of character for that neighborhood. Sean McCarthy stated this property had received a variance when the addition was built in the 1990's. The Chair proposed to postpone this application until the next meeting so the Board can view the space, the driveway and the neighborhood. Michael Wernick asked Mr. McCarthy about the adjacent properties. Mr. McCarthy stated there is a mixture of single family and up to six-family homes on that street and there have been issues with illegal apartments at the applicant's property as well as the adjoining neighbor properties. Mr. Wernick asked if there was a density concern on this street. Mr. McCarthy replied that there is a density issue on this street. Timothy Judge asked if the building is in conformance with building codes now. Mr. McCarthy stated it is in conformance with building codes for a two-family house. Neal Rechtman stated that as the new owner he wants to do what is right with the property. He feels the character of the neighborhood would be improved with the new ownership. Michael Wernick agreed with the Chair that the Board should look at the property. Motion to adjourn the matter so the Board members can look at the physical structure and layout of the property and the neighborhood: Moved: Koffler Seconded: Bishko Vote: 6-0 Absent: Gorete-Crowe By Phone: Church Board m e m b e r Timothy Church, who was on the phone, left the meeting a t this point. Planning Board Meeting, July 18, 2013 - APPROVED 6 �4 ) Jeffrey McClung 1 1 HollandAvenue Public Hearing Sean McCarthy confirmed the returns were in. The Chair read the public notice into the record and stated the Board had received the following: • Application • Site plan dated September 25, 2 0 1 2 and February 11, 2 0 1 3 Eleni McClung, owner, represented this application. She stated the property currently has a deck with an overhang that they are looking to close in and construct a mudroom. She stated the variance is for the distance the new construction will move closer to the garage. Timothy Judge asked Mr. McCarthy if the only change is the distance between the house and the garage. Mr. McCarthy stated there is four feet outside the back door so the extra two feet added will make the space more usable. The distance is between the homeowner's garage and their house and shouldn't have any impact or negative effect on the neighbors. The Chair asked if the property was one or two lots. Ms. McClung stated it was a double lot. The Chair asked what was in the rear of the property. Ms. McClung stated the property comes down to Route 9. Sean McCarthy stated the addition wouldn't really be seen from Route 9 with the trees and the vegetation. The Chair asked if the addition was visible from the street. Mr. McCarthy stated it was not visible. Motion to open the public hearing: Moved: Koffler Seconded: Judge Absent: Gorete-Crowe, Church Vote: 5-0 PUBLIC COMMENTS: David Hodgson, 2 8 7 North Washington Street stated he approved of the project. There were no other public comments. Motion to close the public hearing: Moved: Koffler Absent: Gorete-Crowe, Church Seconded: Bishko Vote: 5-0 Timothy Judge stated the application is not changing the footprint of the property and it does not change the character of the neighborhood. Motion to approve the application: Moved: Judge Seconded: Wernick Absent: Gorete-Crowe, Church Vote: 5-0 Planning Board Meeting, July 18, 2013 - APPROVED 7 �5) Approval of Minutes June 19, 2 0 1 3 Timothy Judge asked for a minor amendment to the May 15, 2 0 1 3 minutes. Motion to approve the minutes for June 19, 2013: Moved: Koffler Absent: Gorete-Crowe, Church Motion to adjourn the meeting: Moved: Judge Absent: Gorete-Crowe, Church Seconded: Judge Vote: 5-0 Seconded: Koffler Vote: 5-0 The meeting was adjourned at 9:35pm Planning Board Meeting, July 18, 2013 - APPROVED 8 �Resolution of the Zoning Board of Appeals of the Village of Sleepy Hollow Granting Permission for Telephonic or Electronic Voting WHEREAS, the Zoning Board of Appeals (ZBA) is desirous of ensuring that all applications before it are dealt with as expeditiously and fairly as possible; and WHEREAS, there are meetings wherein fewer members than the 7 member ZBA are available to attend in person; and WHEREAS, it is necessary for an applicant to have at least 4 affirmative votes for passage of an application; NOW, THEREFORE, BE IT RESOLVED that the ZBA hereby adopts as a standing procedure that a ZBA member may participate in a discussion and/or vote of the ZBA by telephonic or electronic means. Moved: Koffler Absent: Gorete-Crowe, Church Seconded: Judge Vote: 5-0 Planning Board Meeting, July 18, 2013 - APPROVED 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-2013 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_2013-07-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 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