https://sleepyhollow.localarchives.org/files/original/b4c59efb00a5407141f24d1d06888b3f.pdf a254d8111e0b7fa46459fba63f91179c PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting June 20, 2018 Chairman Timothy Judge called the meeting to order at 8:00 pm. Present: Timothy Judge, Chairman Craig Lis Alex MacFarlane Richard Hughes Absent: Timothy Church Maria Gorete-Crowe Margaret Rubick Also Present: Sean E. McCarthy, Village Architect Agenda: 1) David Hille, 127 Kelbourne Avenue, Proposed deck, fence, hot tub, trellis and patio Public hearing 2) Carolin Almonte, 43 Elm Street, Proposed third floor expansion - Public hearing 3) Toll Brothers, Inc. and LL Parcel E LLC, 199 Beekman Avenue, Proposed increased building heights - Public hearing 4) November meeting - Set date 5) Approval of minutes - May 16, 2018 1) David Hille, 127 Kelbourne Avenue Proposed deck, fence, hot tub, trellis, and patio Public hearing Chairman Judge stated there was a problem with mailing the public notice and adjourned the public hearing to the July 18, 2018 meeting. Chairman Judge stated that the Architect was present at the meeting and that the application will be re-noticed as required. Timothy Church stated that with only four members present, any decision must unanimous if a vote is taken for the application to be approved. If one member decides to vote against the application, the application will be denied and the applicant will be required to wait six months before they may reapply. It is the choice of the applicant as to whether or not a vote is taken at tonight's meeting. �2) Carolin Almonte, 43 Elm Street, Proposed third floor expansion - Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all the mailing receipts have been received. Chairman Judge reviewed and listed the documents submitted. Jorge Hernandez is the Architect representing Carolin Almonte. Mr. Hernandez stated that the applicant originally had secured a building permit to renovate a three-family residence. During the construction it was determined that a new sprinkler system would be required for the addition to the structure. Due to financial reasons, the owner/applicant is seeking to revert the structure to its original non-conforming use; a four-family structure by expanding the third floor and adding a fourth apartment in which the proposed changes necessitate two area variances; one side yard variance of 5 feet, 6 inches and two parking spots. The footprint of the house will not change. There will be a total of six parking spaces. Chairman Judge solicited comments from the Board. Alex MacFarlane questioned whether there were five of six parking spaces. Sean McCarthy stated that there are six spaces shown on the site plan. Five legal size parking spaces are being counted and the sixth parking space is a compact space. This allows the ability to park five cars and one compact car. Chairman Judge asked how many apartment units were present in the building when purchased. Mr. Hernandez stated there were originally four apartments but the fourth apartment was not code compliant. Chairman Judge asked Sean McCarthy if there are any issues with the property. Sean McCarthy stated that the property has been neglected for several years due to ownership and foreclosure proceedings. The property has been vacant for a couple of years and has become an eye sore. The Village will be happy to see the property renovated. Jorge Hernandez stated that there will be five legal sized parking spaces and three compact parking spaces. Sean McCarthy stated that they are limited to the size of the lot. The prior parking situation had tandem spaces, cars parked in the driveway, and the spaces were undersized. The plan submitted to the Board is in compliance with the parking requirements. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 �Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 Chairman Judge stated the proposed changes are a benefit and not a detriment to the community, in keeping with the character of the neighborhood, is not a self-created hardship by the applicant, and is classified under the regulations of the State Environmental Quality Review Act (SEQRA) as an unlisted action. Motion was made to approve the application. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Craig Lis- yes Alex MacFarlane - yes VOTE: 4-0 APPROVED 3) Toll Brothers, Inc. and LL Parcel E LLC, 199 Beekman Avenue, Proposed increased building height - Public hearing Chairman Judge read the public notice and asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all the mailing receipts have been received. Chairman Judge reviewed and listed the documents submitted. Mark Weingarten from DelBello, Donnellan Weingarten Wise and Wiederkehr, LLP is the attorney representing LL Parcel E, LLC, a subsidiary of Toll Brothers, Inc. Mr. Weingarten stated the applicant is seeking a 48 foot height variance for the Buildings E-1 and E-2 in BlockE, and fourteen (14) of the seventy-two (72) townhome units in Block-J for purpose of increased floor to floor heights and to allow the owner the option of roof top terraces or an enclosed space as the fourth story. The subject parcels are referred to as Lots 4A and 4C which are a portion of Block-E; Lots 5L and 5K which are a portion of Block-J. Mr. Weingarten summarized the history of the Village Board, Planning Board and Zoning Board of Appeals approvals received from 2011 through 2018. Andrew Tung from Divney Tung Schwalbe, LLP presented the RF District Height Zones -Plan to explain that the original right-of-way 300 foot wide reduced height zone of 42 feet on the West Parcel was originally intended to preserve the river views from restricting 65 foot high residential buildings east of the railroad tracks on the East Parcel. Since the East Parcel is now �owned by the Village and the Local Land Development Corp there are no longer plans for construction of residential buildings. Mr. Tung presented the Riverfront Development Concept Plan approved by the Village Board in 2011 to demonstrate nothing is shown on the East Parcel. Mr. Tung presented cross section drawings to illustrate the locations of building heights where the current Zoning Code allows a maximum building height of 65 foot and where the 42 foot height, and the 48 foot heights are proposed. Chairman Judge solicited comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 4-0 Chairman Judge stated his concerns about approving the variance for the additional 6 feet to a 48 foot height when the Zoning Code allows for a 65 foot height. Mr. Judge requested confirmation that all buildings proposed in Block-E and Bock-J will remain at a maximum of 48 feet in heights for consistency. James Fitzpatrick is the President of Toll Brothers, Inc and the representative of LL Parcel E, LLC stated there is no intention, and not in any of the current designs to go higher than fourstories or 48 feet in height on all buildings in Block-E and Block-J. The reason for this request was to create consistency to the balance of Block-J now permitted in the 300 foot zone. Mark Weingarten stated that the design plans have been created for all the buildings to be at 48 foot heights. If they were to propose changes at the allowable Zoning Code building height of 65 feet, the application would have to receive approval from the Village Board and Planning Board for an amended site plan, creating a control element. Chairman Judge asked Sean McCarthy if a condition could be added to the approval to commit to a maximum of 48 feet building height in those Blocks. Sean McCarthy stated that you may not add a condition that is more restrictive than Zoning Code requirement without a reason behind it. Mr. McCarthy stated that they have provided sufficient information to show they are moving forward with a building height no higher than 48 feet at both Block-F and Block-E buildings and that if they did exceed what was originally approved by both the Village Board and the Planning Board it would have to be reviewed again. The Planning Board also has jurisdiction of the Architectural Review Board. The Architecture itself has been developed to show compliance to the Design Guidelines approved by both the Village Board and the Planning Board with efforts to maintain consistency of the documents. �Chairman Judge stated that the application is consistent with the Special Use Permit granted, is keeping with the characteristics of the future neighborhood, and is not a self-created hardship by looking at what the market will bear for construction. Motion was made to approve the application. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Craig Lis- yes Alex MacFarlane - yes VOTE: 4-0 APPROVED 4) Approval of minutes, May 16, 2018 Motion was made to approve the minutes. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis- yes Alex MacFarlane - yes Richard Hughes - yes VOTE: 4-0 APPROVED 5) November Meeting- Set date Motion was made to move the meeting to Wednesday, November 14, 2018. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Craig Lis- yes Alex MacFarlane - yes VOTE: 4-0 APPROVED Motion was made to adjourn the meeting at 9:00 PM. Moved: Judge Seconded: MacFarlane Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals Vote 4-0 � 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-2018 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_2018-06-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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