https://sleepyhollow.localarchives.org/files/original/b375a3eb0e10dac1512dd9633bc4ab95.pdf 74f41c2f38a166d68cc72b85f3659557 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 14, 2018 Chairman Timothy Judge called the meeting to order at 8:15 pm. Present: Timothy Judge, Chairman Craig Lis Timothy Church Maria Gorete-Crowe Richard Hughes Absent: Alex McFarlane Margaret Rubick 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- Resolution 2) Busel, LLC, 166 Cortlandt Street, Proposed construction of a basement apartmentPublic hearing 3) Approval of minutes - October 17, 2018 1) James and Dana McGovern, 203 Harwood Avenue, Proposed installation of central air conditioning condensers- Resolution Chairman Judge read the draft resolution for the variance issued for 203 Harwood Avenue at the October 17, 2018 public hearing. Chairman Judge stated that he approves the resolution as drafted. 2) Busel, LLC, 166 Cortlandt Street, Proposed construction of a basement apartmentPublic hearing Chairman Judge read the public notice, listed the documents submitted, and asked Pamela Pengelski to confirm that all of the mail receipts have been received. Pamela Pengelski stated that all of the mail receipts have been received. Niall Cain from NcC Studio Architecture is the Architect representing the applicant. Mr. Cain stated that the application is for a proposed renovation and legalization of a basement twobedroom apartment; specifically for the required parking for that unit. �Chairman Judge asked Niall Cain if the application is for the legalization of a basement apartment. Niall Cain stated that he believes the Zoning variance terminology that they are applying for is a Special Use permit for on-street parking for the unit since it is not available on site. Chairman Judge asked if the basement apartment was ever approved for legalization. Niall Cain stated that the Zoning Code permits a multi-family mixed-use with the proposed number of units. Timothy Church stated that if they are to consider the criteria for a parking variance, one of the questions that needs to be considered is whether or not the variance requested is a self-created hardship, if and there was an existing apartment, or if they are proposing to add one now. Niall Cain stated that an apartment previously existed but that he is unaware of the history. Chairman Judge stated that the issue is whether or not the apartment was legal. Timothy Church asked if they are proposing to legalize an existing apartment or construct a new basement apartment. Gorete-Crowe asked if the apartment was ever legalized. Niall Cain stated that the apartment was dismantled because a variance was never issued for the required parking therefore it was illegal. There is no apartment there now. They are seeking approval for the variance for the parking so they may legally file to begin construction of a twobedroom apartment. Discussion ensued on the existing, proposed, and required parking spaces for six apartments. Chairman Judge asked Sean McCarthy to provide the history on the building, past variance approvals, denials; and what is currently required in order to allow a basement apartment to be constructed. Sean McCarthy stated that the applicant is seeking to create a legal basement apartment in the existing five-family residence. The building is currently comprised of five dwelling units and one takeout food establishment. Mr. McCarthy stated that a request to add a sixth apartment was denied in 1967. In order to sell the building, an inspection was completed for an Updated Certificate of Occupancy. It was discovered that subsequent to 1967, a sixth apartment had been added and that the existing conditions did not match the Building Department records. The previous owners dismantled the apartment in order to finalize the sale of the building. The applicant is seeking to re-establish the occupancy in the basement level. A multi-family, mixed use building is permitted in the C-2 zoning district. The additional apartment unit would require two additional parking spaces. The parking requirement for the overall building needs to be considered. Ten parking spaces are required for the five dwelling units and the store. If the sixth apartment is added, a total of twelve parking spaces would be required. There are currently four �on-site parking spaces. Technically the variance is for a deficit of eight parking spaces but due to the pre-existing non-conformity of other apartments, the variance sought is for two additional off-street parking spaces. Craig Lis asked if there is anything else that needs to be considered for the application other than the deficit of two parking spaces. Sean McCarthy confirmed only the parking spaces need to be considered because multi-family residences are permitted in the C-2 zoning district. Chairman Judge stated that the question is whether or not sufficient parking is available. Chairman Judge asked when the applicant stopped renting the space. Sean McCarthy stated that as a condition of the sale, the previous owners removed the apartment in order to be in compliance with the Building Department records. Gorete-Crowe stated she is concerned about the increasing the amount of cars and that there is already a shortage of parking spaces available for existing apartments. Timothy Church stated that adding a new apartment to the building is a self-created hardship and agrees that the parking in downtown Sleepy Hollow is already limited. Chairman Judge stated his hesitation for considering the addition of an apartment that was denied by the Zoning Board in 1967. Craig Lis stated that the ruling in 1967 was not based on street parking or availability of parking. Mr. Lis stated that in 1967, the request denied was for creating five parking spaces in the rear lot of the property because it was deemed impractical and dangerous. Richard Hughes stated that the total parking spaces required, including those that are existing non-conforming, is too great of a difference and that the Village is already oversaturated with cars. Motion was made to open the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 5-0 Chairman Judge solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Judge Seconded: Gorete-Crowe Vote 5-0 Chairman Judge made a motion to deny the application due to the following reasons: 1. Precedent was ruled on the building by the ZBA stating that the addition of a sixth apartment would not be feasible as additional parking cannot be met on site. 3 (ZBA 11/14/2018) �2. It is a self-created hardship as the building was purchased knowing the apartment was denied for legalization. 3. It would cause a negative impact on the community in terms of parking. Moved: Judge Seconded: Church Timothy Judge, Chairman - yes Richard Hughes - yes Maria Gorete-Crowe- yes Craig Lis - no Timothy Church - yes Vote: 4-1 DENIED 3) Approval of minutes, October 17, 2018 Motion was made to approve the October 17, 2018 minutes. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Richard Hughes - yes Maria Gorete-Crowe - yes Craig Lis - yes Timothy Church - yes Vote: 5-0 APPROVED Motion was made to adjourn the meeting at 9:05 PM. Moved: Judge Seconded: Church 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_2018-11-14 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