https://sleepyhollow.localarchives.org/files/original/83fd335bee2a8090b51236f271a6f09d.pdf 18665919d828b8ca3e080c45a7b42420 PDF Text Text RESOLUTION Adopted at the November 14,2018 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTIOIM: Area Variance PROPOSED: Air-conditioning condenser location LOCATION: 203 Harwood Avenue TAX MAP DESIGNATION: Section 110.19, Block 2, Lot 36 ZONING DISTRICT: R-2 WHEREAS, on or about July 26, 2018, an application was submitted by Dana McGovern (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for an area variance approval (the "Application") pursuant to the Article XII of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is seeking a variance from Sections 450-80 (2) of the Zoning Code to permit the installation of central air conditioning condensers; and WHEREAS, the property is located at 203 Harwood Avenue and is situated in the R-2 zoning district, and is shown on the Town tax assessment maps as Section 110.19, Block 2, Lot 36; and WHEREAS, the Zoning Board of Appeals has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted by the Applicant, dated July 26, 2018 a. Cover letter b. Zoning Compliance form c. Environmental Assessment Form Part-1 Project information d. Property survey 2. Photographs submitted by the Applicant of existing conditions presented at the ZBA meeting on September 19, 2018 3. Correspondence from Richard Piano, who resides at 215 Harwood Avenue, submitted on October 15, 2018 a. Letter dated October 13, 2018 b. Photographs of existing conditions c. Plot plan d. Pre-construction survey 4. Email correspondence submitted by the Applicant on October 16, 2018 WHEREAS, the ZBA held a duly noticed public hearing on October 17, 2018 to hear and consider the application; and �WHEREAS, testimony was offered by James McGovern, who resides at 203 Harwood Avenue, to explain the existing conditions, the financial costs, and site related options considered in the request for the proposed installation location of the air conditioning condensers; and WHEREAS, testimony was offered by Dana McGovern, the Applicant, who resides at 203 Harwood Avenue, to express her respect for the Piano's enjoyment of their outdoor patio and terrace and her willingness to reach a compromise; and WHEREAS, testimony was offered by Richard Piano, who resides at 215 Harwood Avenue, to express his objection to the proposed installation location of the air conditioning condensers due to noise concerns; and WHEREAS, in making its determination as to whether the applicant should be granted an area variance to the applicant, the ZBA considered the following factors: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; 3) whether the requested area variance is substantial; 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance; and NOW, THEREFORE, BE IT RESOLVED, that Zoning Board, after review of the materials submitted, public comments, including written correspondence and recommendations, has determined that in accordance with the criteria set forth in Part 617.7 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law and based upon review of the Environmental Assessment Form, all of the documents submitted to the ZBA and all other materials which were prepared and submitted, the ZBA determines the application meets the requirements for an Unlisted action under SEQRA 617.5 and therefore requires no further processing under SEQRA; and BE IT FURTHER RESOLVED, after due consideration the ZBA makes the following determination: 1. Granting of the variance is a self-created hardship as the condenser units were not installed as per the approved Building Permit dated October 2, 2014. 2. Granting of the variance is not a significant variance as the distance is small in terms of its dimension into the required setback. 3. Granting the variance will not result in an undesirable change or a detriment to the neighborhood as they will not be visible to the public from Harwood Avenue or Munroe Avenue. 4. An alternative location of the condensers on the east side of the property was considered of which would pose a greater visual and noise impact to the neighborhood. 5. Granting the variance will not have any significant environmental impacts as the decibel level of the new condensers will be lower than the original units. �BE IT FURTHER RESOLVED, that the variance requested by the applicant is granted subject to the land and will remain in effect until amended, repealed or otherwise changed, in whole or in part, by the Village of Sleepy Hollow and; BE IT FURTHER RESOLVED, the Application to the ZBA is hereby granted approval for a variance with the following conditions: 1. Install two central air conditioning condenser units on the western property border with a seven foot setback from the property line. 2. The condenser units are to be surrounded on all fours sides with a sound proofing barrier of significant height as determined by the Sleepy Hollow Department of Architecture, Land Development and Building Compliance (the "Building Department"). The Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of the resolution. This approval shall expire (1) year after the date of this resolution if the conditions have not been completed to the satisfaction of the ZBA and the Building Department, and the Applicant has not obtained the required building permit for construction in accordance with the approved plan. ZONING BOARD OF APPEALS VILLAGE OF SLEEPY HOLLOW Timothy K. Judge,- ^ Date 1, undersigned QerVDeputyOerfc, do hereby oerttfyttitft the fciregoing is a true copy or an extract duly a d o f ^ by ttie B o f f d ^ T r u s t s of the \ma0e of Sleepy Hdkw, on the of A^fW-e . ^ J X , and of the whole thBwrf, and I further certify that the same was etrtnvd into the inlnutes of the meeting of said Board of Thjstees tiekt on said date. IN WITNESS W l j S W , I herwntD Mt my ^ ofWeiatatftrtilgTWQf . 20." QeXk � 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_203-Harwood-McGovern 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