https://sleepyhollow.localarchives.org/files/original/8ef4268ada5bfcffb511c9b24b8db4ab.pdf 91d8187f7b4a8143c748e6cd9d93a02a PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting October 17, 2018 Chairman Timothy Judge called the meeting to order at 8:03 pm. Present: Timothy Judge, Chairman Craig Lis Timothy Church Alex MacFarlane Margaret Rubick Richard Hughes Absent: Maria Gorete-Crowe Also Present: Sean E. McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) James and Dana McGovern, 203 Harwood Avenue, Proposed installation of central air conditioning condensers- Public hearing 2) Approval of minutes - September 19, 2018 1) James & Dana McGovern, 203 Hardwood Avenue, Install central air conditioning condensers- 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 of the mail receipts have been received. James McGovern stated that the air conditioning condenser units were originally located one on each side of the house, one to cool the first floor and one to cool the second floor of the house. The side in question was responsible for cooling the first floor of the house. During the renovation, both units were mistakenly located to the west side of the property. Prior to the renovation work inspections, they were not aware that the unit replaced was existing nonconforming with the Village Code. The units were replaced to be more efficient. Dana McGovern stated that the objection from the 2017 meeting from Mr. Plano was quote "The issue is not that the units are not where the old unit was but because they are against the addition" Mr. McGovern stated that he received a quote for $12,000.00 from their contractor to move the condensers to the east side of the house. In order to compromise, they asked if it would be acceptable to the Plano's to move the condensers back to the original location on the west side, 1 (ZBA 10/17/2018) �near the front of the house, in lieu of moving them to the opposite side of the house. Mr. McGovern stated that he hopes that this will address the noise concern. Mr. McGovern stated that the condenser units would be visible from the east side of the house. He stated that the proposed side location allows the condenser units to be better blocked by the fence and by the houses and because they are below the wall level. Dana McGovern stated that they understand that the Plano's would like the units moved to the east side of the house. Mrs. McGovern stated that they are respectful to Mr. Plano and his family wanting to enjoy the outdoors and that they are really trying to come to an agreement. Mrs. McGovern believes that they have not made this personal but that the letter sent by the Plano's is very personal. Moving the condensers to the other side of the house would be a huge out-ofpocket cost for them and it just doesn't seem like there is any sort of compromise being considered. Chairman Judge solicited comments from the Board. Alex MacFarlane asked if the applicant got more than one quote for the relocation of the condensers to the east side of the house. James McGovern stated that they only got a quote from the contractor that originally did the renovation work at their house. Margaret Rubick asked where the condensers were located before the plans were submitted to the Building Department for the addition. Ms. Rubick asked Sean McCarthy to confirm that the original condenser locations included (1) on the east side of the house and (1) on the west side of the house. Sean McCarthy stated that the original condenser locations did include (1) unit on the east side of the house and (1) unit on the west side of the house. Margaret Rubick asked if a condenser is set next to the building, between the building and the fence line, does that change the official variance. Sean McCarthy stated yes the official variance changes. Margaret Rubick asked if the condenser on the west side of the house is code conforming. Sean McCarthy stated that the condensers on the side of the house are currently non-conforming. Margaret Rubick asked what the distance of the condenser on the west side of the house is from the property line. Sean McCarthy stated that the required set back is a minimum of 10 feet. Margaret Rubick asked Sean McCarthy to confirm that the condensers take up 3 feet which would effectively make it 7 feet. �Sean McCarthy confirmed that the drawings state that the condensers take up 3 feet. Alex McFarlane stated that the other condenser unit would have been conforming due to the 20 foot setback. Mr. McFarlane questioned if there was originally one condenser unit that was conforming and one that was non-conforming. Sean McCarthy stated that the corner lot requirement would have made the condenser unit on the west side non-conforming. Alex McFarlane asked if both units would be non-conforming if the condenser units were moved to the other side of the house. Sean McCarthy stated that if the units were left in the current locations, it would be existing nonconforming. Mr. McCarthy stated that any new condenser unit place on the Munroe side would not need a variance. Margaret Rubick clarified that moving the condenser units to the Munroe side would not require any variances. Sean McCarthy stated that she is correct. Chairman Judge questioned the compliance with the original condensers units prior to the addition as there was originally (1) condenser unit on the west side and (1) condenser unit on the east side. Sean McCarthy stated that both of the original condenser unit locations were an existing nonconforming condition. Margaret Rubick asked what made the eastern location unit non-conforming. Sean McCarthy stated that the east side requirement for a corner lot has the same front yard setback requirements as the set back on Harwood Avenue, which is 25 feet. Sean McCarthy stated that this is why the condenser on the east side would be allowed to remain in the location as an existing non-conforming condition. Mr. McCarthy stated that the small unit on the west side was still within the required 10 foot setback. Chairman Judge clarified that prior to the addition, the condenser units were both classified as existing non-conforming. Craig Lis asked if the both the condenser units were left in the old locations and replaced with new updated units, would they have been approved. Sean McCarthy stated that replacement of the same kind in the same location would be approved and that flexibility in the size is offered unless it greatly impacts the set back. Timothy Church asked how many condenser units are proposed to be added. 3 (ZBA 10/17/2018) �Sean McCarthy stated that the applicant is proposing to have two condenser units be placed on the west side and to have no condenser units on the east side. Timothy Church stated that currently both condenser units are on the west side. Sean McCarthy stated that yes both condenser units are currently on the west side; approximately where the addition was built. The applicant is proposing to move the condenser units back to where the original (1) non-conforming western condenser unit was located. Timothy Church asked if there is an issue going from one to two condensers. Sean McCarthy stated that the issue came up because (2) larger units were installed on the western side and not just the replacement of the (1) unit, of which was originally a smaller unit. James McGovern stated the reason for the replacement of the units is to provide efficient cooling of the house. Mr. McGovern stated that the old units were running at 75 decibels and the new units run at 65 decibels; although the units are larger, they are quieter. Craig Lis asked if moving the condenser units back on the west side would mean the units were moving closer to Harwood Avenue. Sean McCarthy stated that yes he is correct the units would be moving closer to Harwood Avenue and that there is a current fence and gate in which the proposed condensers would be located inside and behind. Margaret Rubick asked for a comparison of cost between the proposed relocation on the west side verses moving both units to the east side of the house. James McGovern stated that the cost is approximately $2,000.00 versus $12,200.00. Chairman Judge asked if other possible configurations were considered. James McGovern stated that based on the last statement from Mr. Plano at the previous meeting, they believe they are offering a compromising solution by moving the condenser units back to the original location. Motion was made to open the public hearing. Moved: Judge Seconded: Lis Vote 6-0 Chairman Judge solicited comments from the public. Richard Plano lives at 215 Harwood Avenue. Mr. Plano stated that he was upset that the airconditioning condensers were located towards the back of the house because it affects the use of their back terrace and their back yard. Mr. Plano stated that he is also upset that the condenser units are located on the west side of the house. Mr. Plano stated that the McGovern house sits about 5 to 6 feet lower than his house on the west side. There is an existing grade from the �McGovern house and then there is a retaining wall. Mr. Plano stated that an echo chamber is created in the area between the two houses which creates a megaphone effect. Mr. Plano stated that the proposed location for the condensers will sit at the height of the retaining wall projecting the noise of the condenser units. Mr. Plano stated that moving the condenser unit a few feet back might alleviate some of the noise but only a minimal amount. Mr. Plano believes that both the condenser units should be moved back to the Munroe Avenue side of the house which provides ample vegetation and space for the condenser units. Mr. Plano explained that the original condenser on the west side was a Mitsubishi split wall unit meant to provide air-conditioning for a few rooms and was much smaller than the unit that is there now. Mr. Plano stated that the noise barrier solution proposed by Sean McCarthy would not make a difference and also believes that the space constrictions on the McGovern's property would be an inconvenience to them. Mr. Plano stated that it is inappropriate to compare the size of the pre-existing units with the condenser units that are there now. The units that were previously installed were existing nonconforming and the reason that they didn't complain about the Mitsubishi unit in the past was because the previous owners didn't turn it on very often. Mr. Plano stated that two units at 65 decibels each would increase the noise from having one 75 decibel unit. Mr. Plano states that the shape of the land is very site specific. Mr. Plano stated that the Munroe Avenue side provides more open space, plenty of vegetation, and that there are no near neighbors. Mr. Plano stated that he is the only near neighbor effected by the condensers at the McGovern residence. Mr. Plano stated that moving the units forward would be a minor mitigation to his back yard terrace, but the sound will project in between the houses instead. Mr. Plano provided photographs to illustrate the houses being at different levels and that the space on the McGovern's property is constricted. Margaret Rubick asked what Mr. Plano is demonstrating with a picture of the McGoverns side yard. Mr. Plano stated it was to show the space constrictions of their property. Margaret Rubick asked if the retaining wall continues all the way back. Mr. Plano and Mr. McGovern agreed that it does not continue all the way to the back of the property. Richard Hughes asked Mr. Plano for the distance from his house to the property line. Mr. Plano stated that there is about 16 feet from his house to his property line. Mr. Plano stated that he has a back patio and a terrace. There is a door from the kitchen to access the back terrace. Richard Hughes asked if the noise from the air conditioning condensers hinders the usage of the terrace. Mr. Plano stated that the noise hinders the use of their terrace because they like to talk. Craig Lis asked Mr. McGovern if they have considered moving the condenser units further to the back of the house. �Mr. McGovern stated that this would not address the issue of the Plano's terrace. Moving them up will locate them to the side of the Plano's house and not next to their terrace. Timothy Church asked Mr. Plano if he is interested in a compromise measure of moving the condenser units back to their old position and putting in a noise barrier to see if that would satisfy his concerns. Mr. Plano stated it would help the terrace and use of the back yard but doesn't believe it would mitigate the sound along the side of the yard. Motion was made to adjourn but not close the public hearing. Moved: Judge Seconded: Lis Vote 6-0 Motion was made to go to into executive session at 8:35 PM. Moved: Judge Seconded: Lis Vote 6-0 Motion was made to reopen the public hearing at 9:15 PM. Moved: Judge Seconded: Church Vote 6-0 Chairman Judge asked Sean McCarthy what advise the Building Department gives to someone who is putting in air-conditioning units for the location of the condensers. Sean McCarthy stated that the condenser units need to fit within the Village Code setback requirements. Mr. McCarthy stated that it is recommended and included in the standard permit conditions that the condensers should be screened and not visible from the street. Chairman Judge asked Mr. McGovern if a variance were to be considered and granted by the Board, would the condition of significant sound proofing be acceptable and something they are willing to agree to. James McGovern stated that he would absolutely agree to the condition of sound proofing and that he would work with the Building Department on what products should be used. Chairman Judge stated that this condition is a self-created hardship. It is a non-conforming property because of its location on the corner lot. The variance requested is not a significant one as it is small in terms of its dimension into the setback. An alternative was considered and that the potential impact to the neighborhood is greater when looking at the alternative. There are no environmental impacts associated with the request. Chairman Judge made a motion to approve the variance with the conditions as follows: 1. The condenser units to be located to the original locations on the west side of the property as proposed. 2. The condenser units must be surrounded on all four sides with sound proofing of a significant height to alleviate the sound traveling towards the neighboring property. The height and the type of sound proofing materials are to be specified, approved, and inspected by the Building Department. �Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Richard Hughes - yes Margaret Rubick - yes Alex McFarlane- yes Craig Lis - yes Timothy Church - yes Vote: 6-0 APPROVED Motion was made to close the public hearing. Moved: Judge Seconded: McFarlane Vote 6-0 Chairman Judge requested that a resolution be drafted for approval at the November 14, 2018 meeting. 2) Approval of minutes, September 19, 2018 Motion was made to approve the September 19, 2018 minutes amended as discussed. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Richard Hughes - yes Margaret Rubick - yes Alex McFarlane- yes Craig Lis - yes Timothy Church - yes Vote: 6-0 Motion was made to adjourn the meeting at 9:30 PM. Moved: Judge Seconded: Rubick Respectfully Submitted, PtZkyveAzPamela Pengelski Secretary to the Zoning Board of Appeals APPROVED Vote 6-0 � 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_2018-10-17 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