https://sleepyhollow.localarchives.org/files/original/01916a7f0b2c743ff4b08d085fb7e87c.pdf b078e3913b1c8dd4b2de8d8304b46a4c PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting July 18, 2018 Chairman Timothy Judge called the meeting to order at 8:10 pm. Present: Timothy Judge, Chairman Maria Gorete-Crowe Alex MacFarlane Margaret Rubick Richard Hughes Absent: Timothy Church Craig Lis 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) Approval of minutes - June 20, 2018 1) David Hille, 127 Kelbourne Avenue Proposed deck, fence, hot tub, trellis, and patio 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. Katarzyna Arencibia is the Landscape Designer representing the applicant. Ms. Arencibia stated that the existing eight foot fence is collapsing in every direction. In 1964 a permit was issued for building the fence. The existing fence is currently set back 2 ^ to 3 feet from the property line. Ms. Arencibia speculated that the fence may have been modified due to the two foot height grade change that exists adjoining neighboring property on the East side. Ms. Arencibia submitted pictures to show the failing condition of the existing fence and the grade change height created by the railroad ties separating the neighboring Eastern property border. Ms. Arencibia stated that the neighbors have three children under the age of four years old and that keeping the higher fence will provide safety as well as privacy. Ms. Arencibia stated that the fence is not visible to the property owners to the West or the North. The neighbors from the back have not objected to the eight foot fence in the past. The fence cannot be seen from the street as it is tucked in the North Eastern corridor of the property. A discussion ensued about the existing grade change on either side of the railroad ties. �Gorete Crowe asked Sean McCarthy if there is record of an application or permit for putting up the eight foot high fence. Sean McCarthy stated there is no record of an application or permit to install the eight foot high fence. Amanda Linhart is the Architect representing the applicant. Ms. Linhart confirmed with Sean McCarthy that a permit for a 6 foot fence, set back 3 1/2 feet from the property line, was issued in 1964. It is estimated that the 8 foot fence was installed in the late nineties without approval. Chairman Judge asked what the distance of the current fence is from the property line. Amanda Linhart stated that the distances are detailed on the property survey and vary from 2 feet to 3 ^ feet. The proposal is to have a uniformed distance of 2 ^ feet around. A discussion ensued on what fencing currently exists and why the proposed 7 foot fence is necessary for safety and privacy reasons. Chairman Judge stated that the existing coverage area for an accessory structure is already significantly over the maximum permitted. Amanda Linhart stated the rear yard coverage was calculated by multiplying the 25 foot rear yard setback by the 100 foot width of the property, for a total of 2,500 square feet, of which they are permitted to have 30 percent coverage. They are proposing to increase the patio in order to have full access around the perimeter of the pool. There will be no change to the garage or the swimming pool, which are already counted in the existing coverage. Chairman Judge asked if they are proposing to redo the pool. Katarzyna Arencibia stated they are not changing the shape of the pool. Alex MacFarlane stated that it appears a hot tub is being added. Katarzyna Arencibia stated that they are proposing to replace the existing hot tub with an inground unit. Alex MacFarlane stated that the hot tub will be integrated into the existing pool therefore you are modifying the pool. David Hille stated that the hot tub was drawn in as a possibility to have a waterfall for effect but it is not a critical component to the pool and not intended to be integrated water elements. The hot tub will remain a stand-alone unit completely separate from the pool. Margaret Rubick asked Chairman Judge to clarify as to whether or not visibility from the street makes a difference if it is clearly a non-conforming structure. �A discussion ensued about existing non-conforming structures and the issuance of area, height, and use variances in accordance with the jurisdiction of the Board and the Village of Sleepy Hollow Code. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 5-0 Chairman Judge solicited comments from the public. Bob Pease lives at 115 Kelbourne Avenue and is the Eastern neighbor of the applicant. Mr. Pease stated his support of the application for a 7 foot fence and requested that it be approved for an 8 foot fence if the applicant and Board are willing to consider it. Mr. Pease stated that it is a safety issue for his young children as well as a privacy issue for the applicant. Mr. Pease agrees that there are no aesthetic issues due to its location. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 5-0 Chairman Judge stated his concerns of setting precedence for future applications. If the previous owner installed items that are not in compliance, the current owners are not absolved and may be required to bring items into compliance. A 6 foot high fence was permitted and now there is an 8 foot fence creating a significant variance of 3 feet as well as the proposed changes to the setbacks from the property line. The future of the neighborhood must be considered as the variance stays with the property and is not granted to the particular applicant. Chairman Judge solicited comments from the Board. Gorete-Crowe stated she agrees the proposed variances are significant. Alex MacFarlane stated that they are becoming a policy setting Board instead of a reinforcement Board. A discussion ensued with the Board and the applicant as to whether or not the existence of a pool creates a significant need for visual and noise privacy. The concerns of setting precedence and options for lowering the total fence height were discussed. Chairman Judge asked Sean McCarthy if a permit was filed with the Building Department for the pool and increased coverage. Sean McCarthy stated there was a plan for the pool layout for the existing permitted conditions. Chairman Judge asked Sean McCarthy if the plan permitted the 72 percent coverage. Sean McCarthy stated that they were items added after the pool but there is a plan of the pool and what was approved at the time the permit was issued. Chairman Judge asked Sean McCarthy if the six foot fence was approved with the pool. �Sean McCarthy stated that the fence was part of the pool approval and that other items were added after the pool was built. Sean McCarthy stated the Jacuzzi tub was legalized post installation. A discussion ensued on possible fence /trellis height combinations and the property setbacks in efforts to keep the variances reasonable with what is permitted by the Zoning Code regulations. Sean McCarthy stated that decisions made by the Board must be spelled in order to take the minutes, and in some cases a revised plan is submitted to detail the specifics of the decision if not clear. David Hille stated that they would like to come to a resolution tonight as they are hoping to start this work as soon as the summer season ends and complete before the winter. The Board recessed for an Executive Session as 9:30 pm. The Board resumed the meeting at 9:40 pm. Chairman Judge requested the height variances be approved for the fence installations with the following conditions. 1. Fence on Northern property border to be installed within a 3 foot setback from the property line with a maximum fence height of 6 feet. 2. Fence on the Eastern property border to be installed within a 2 ^ foot setback from the property line with a maximum fence height of 6 feet. 3. Fence on one section of the North side of the property, not to exceed 8 feet in length, with a maximum fence height of 8 feet. 4. Fence on one section of the East side of the property, not to exceed 8 feet in length, with a maximum fence height of 8 feet. Chairman Judge stated that the proposed variance for the coverage increase of 8% will not cause a significant impact on the neighborhood as is keeping with the character of the property since the change is located in the rear of the property. It is classified under the regulations of the State Environmental Quality Review Act (SEQRA) as an unlisted action. Motion was made to approve the modified application as per outlined specifications/conditions. The specifications are to be detailed in a revised plan for approval by the Building Department. The original requested variances have been lessoned. Moved: Judge Timothy Judge, Chairman - yes Richard Hughes - yes Gorete-Crowe - yes Margaret Rubick - yes Alex MacFarlane - yes VOTE: 5-0 Seconded: Gorete-Crowe APPROVED �2) Approval of minutes, June 20, 2018 Motion was made to approve the minutes. Moved: Judge Seconded: Gorete-Crowe Timothy Judge, Chairman - yes Richard Hughes - yes Gorete-Crowe - yes Margaret Rubick -yes Alex MacFarlane - yes VOTE: 5-0 APPROVED Motion was made to adjourn the meeting at 10:00 PM. Moved: Judge Seconded: Rubick Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals Vote 5-0 � 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_2018-07-18 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