https://sleepyhollow.localarchives.org/files/original/783a96d18c6ea3e47e1cdee0c72c5f0c.pdf dd604fabdb6104e2bce1da2072c672b9 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting March 20, 2019 Chairman Timothy Judge called the meeting to order at 8:05 pm. Present: Timothy Judge, Chairman Timothy Church Alex MacFarlane Gorete Crowe Craig Lis Margaret Rubick Absent: Richard Hughes Also Present: Sean E. McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board of Appeals Agenda: 1) Jeremy & Rebecca Zifchock, 3 Birch Close, Proposed deck addition - Public hearing 2) Joao Requeijo, 56 Depeyster Street, Legalization of deck and stone patio - Public hearing 3) Lauren Connell & Seth Markowitz, 5 Pleasant Street, Proposed second floor addition Public hearing 4) Approval of minutes - February 20, 2019 1) Jeremy & Rebecca Zifchock, 3 Birch Close, Proposed deck addition- Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. Jeremy Zifchock is the owner of 3 Birch Close. Mr. Zifchock stated that they are proposing to extend the deck area in the rear and side of the property. Mr. Zifchock is requesting a variance because the front of the house is existing non-conforming. Chairman Judge solicited questions from the Board. Sean McCarthy stated that the Board should take into consideration that the Zifchocks purchased the house a few years ago and have a taken a house in need of repairs and have brought it a long way. 1 (ZBA 3/20/2019) �Margaret Rubick stated that the variance is unavoidable. Sean McCarthy stated that the property is existing non-conforming. Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote 6-0 Chairman Judge solicited comments from the public. There were no comments from public. Motion was made to close the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 Motion was made by Chairman Judge to approve the application and the variance as requested based on the following: 1. The proposed variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as the addition of the deck will be an improvement to the property. 2. There are no other feasible methods for the applicant to pursue other than the variance requested due to the existing non-conformities in the front yard of the property. 3. The proposed variance is not substantial due to the existing non-conforming nature of the property. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is not a self-created hardship as the house was purchased with an existing non-conformity. Motion to approve the variance as requested. Moved: Judge Seconded: Church Timothy Judge, Chairman - yes Craig Lis - yes Gorete Crowe - yes Timothy Church - yes Alex MacFarlane - yes Margaret Rubick - yes Vote: 6-0 APPROVED 2) Joao Requeijo, 56 Depeyster Street, Legalization of deck and stone patio - Public hearing Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. 2 (ZBA 3/20/2019) �Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. William Simeoforides is the Architect representing the applicant. Mr. Simeoforides stated that a variance is required for the rear yard set-back in order to legalize the garage deck construction that connects the garage to main house. Mr. Simeoforides stated that a variance is required for the side yard set-back in order to legalize the 245 square foot patio. Margaret Rubick asked if the owner is the same from when the deck and patio were constructed. William Simeofordides stated the owner is the same. Chairman Judge asked Mr. Simeoforides to confirm that there were no approvals for the raised deck connection with storage and parking below and that it increased the footprint of the original structure. William Simeofordides stated that Chairman Judge is correct. Brigite Requeijo Frasa is the daughter of the applicant and stated that according to her father, verbal approvals were given for the garage deck connection during the construction of the garage in the early to mid-90's. Tim Church asked if the patio was constructed at the same time as the deck. Brigite Requeiso Frasa stated that the patio was constructed at the same time as the deck. Tim Church asked Sean McCarthy if complaints have been received from the neighbors. Sean McCarthy stated that the Building Department has not received any complaints on the deck or the patio. Tim Church asked why the variance issues are coming before the Board at this time. William Simeoforides stated that Planning Board approval for a two-family house was granted in 2012. The issues were discovered during a site inspection from the Building Inspector for the legalization of the basement apartment. Chairman Judge asked if there was an illegal apartment in the basement. Brigite Requeiso Frasa stated that the basement apartment was not occupied and never rented to anyone in 2012. Chairman Judge asked Mr. Simeoforides to explain the railing replacements shown on the plan. William Simeoforides stated that they propose to replace the existing railing system on the garage deck as part of the legalization and the approval of a Building Permit. 3 (ZBA 3/20/2019) �Sean McCarthy stated that the Planning Board granted site plan approval for the two-family conversion in July of 2012. Chairman Judge stated that there was a violation notice issued on a complaint received in 2011 for an illegal apartment which triggered an inspection and the discovery of the other noncompliance issues on the property involving the Zoning Code and possibly the Building Code. Chairman Judge asked Mr. Simeoforides to explain the proposed plan for the garage deck. William Simeoforides stated that they would be submitting drawings to the Building Department for approval of the garage deck framing work and to replace the railings. Revised drawings will be submitted for the basement apartment to address Sean McCarthy's comments from the 2012 permit plan review. Drawings will also be submitted to legalize the existing attic space. Timothy Church asked what structure is violating the side yard set-back. William Simeoforides stated that the patio is the structure that violates the side yard set-back. Timothy Church asked if granting the side yard set-back variance for the flat surface patio would permit the owner to put a raised structure on the property. Sean McCarthy stated that the variance is for the structure as requested. If the variance is granted for the patio, it is restricted to that structure. The applicant would be required to come back before the Board to make any changes or additions to the existing patio structure. Timothy Church asked if the Building Department received any complaints about the deck or the patio. Sean McCarthy stated that he doesn't recall any complaints being related to the patio or the deck. Chairman Judge asked Sean McCarthy if the existing garage deck and connection structure was deemed unsafe by the Building Department and required to be removed, would the applicant need to come back before the Board for additional variance approvals. Sean McCarthy stated that if the variance is granted for the existing deck, in its current location, and it is deemed to be unsafe or needs to be repaired, the applicant is permitted to make the repairs as long as the structure remains the same size. Chairman Judge asked Sean McCarthy if the space under the deck would need to meet the requirements of a garage. Sean McCarthy stated that the space under the deck would need to comply with the Building Code requirements for a garage and the fire separation regulations. William Simeofrides stated that the space is considered a storage area, not a garage space. Chairman Judge stated that the space is shown, in the photographs, functioning as a garage. 4 (ZBA 3/20/2019) �Motion was made to open the public hearing. Moved: Judge Seconded: Church Vote 6-0 Chairman Judge solicited comments from the public. There were no comments from public. Motion was made to close the public hearing. Moved: Judge Seconded: Rubick Vote 6-0 Motion was made by Timothy Church to approve the application and variances as requested based on the following: 1. The alleged difficulties are self-created hardships but the structures have existed for a long period of time without complaints from neighboring property owners. 2. The proposed variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties 3. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. The proposed variance for the minimum rear yard set-back is not substantial considering the garage would be legal without the deck addition. 5. There are no other feasible methods for the applicant to pursue other than the variances requested to legalize the structures that were constructed without permits. Motion to approve the variances as requested, pending conditions set forth by the Building Department, to address compliance with the Building Codes and fire separation regulations related to the deck, garage, and patio structures. Moved: Church Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Gorete Crowe - yes Timothy Church - yes Alex MacFarlane - yes Margaret Rubick - yes Vote: 6-0 APPROVED 3) Lauren Connell & Seth Markowitz, 5 Pleasant Street, Proposed second floor addition Public hearing. Chairman Judge read the public notice and listed the documents submitted by the applicant. Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present their application. 5 (ZBA 3/20/2019) �Lauren Connell and Seth Markowitz are the owners of 5 Pleasant Street. Lauren Connell stated that the second floor addition is proposed in the rear of the house and will enclose the existing deck area and create a small office and bedroom space. Mrs. Connell stated that it is proposed with a flat roof to mirror the neighboring properties. Seth Markowitz stated that the flat roof was designed to minimize the impact on the original house structure. Chairman Judge solicited comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 Chairman Judge solicited comments from the public. There were no comments from public. Motion was made to close the public hearing. Moved: Judge Seconded: MacFarlane Vote 6-0 Motion was made by Chairman Judge to approve the application and variances as requested based on the following: 1. The alleged difficulties are not a self-created hardships as the house was purchased as an existing non-conforming lot. 2. The proposed variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as the rear addition will not change the existing footprint of the house and the flat roof will mirror neighboring properties. 3. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. The proposed variances are not substantial as the side yard set-backs are existing nonconforming. 5. The benefit sought by the applicant is a feasible method to pursue the expansion of the second floor of the house while keeping the footprint the same. Motion to approve the variances as requested. Moved: Judge Seconded: Rubick Timothy Judge, Chairman - yes Craig Lis - yes Gorete Crowe - yes Timothy Church - yes Alex MacFarlane - yes Margaret Rubick - yes Vote: 6-0 APPROVED 6 (ZBA 3/20/2019) �David Pysch asked for permission to address the Board and stated that he lives 2 Highland Lane in Phillips Manor. Mr. Pysch asked the Board if an application for exterior siding replacement would require a review by the Zoning Board of Appeals. Mr. Pysch asked the Board if an application to install exterior insulation behind siding would require a review by the Zoning Board of appeals for an increase is square footage to the house. Margaret Rubick asked if the insulation would change the footprint of the house. David Pysch stated that installing insulation behind the siding would increase the footprint square footage as would the installation of a thicker siding material. Chairman Judge stated that the Board does not have the authority to change the Zoning Code. The Zoning districts are designated by the Board of Trustees and the codes related to Zoning are established by the State of New York. The purpose of the Zoning Board of Appeals is to hear and vote on an appeal when a Building Permit has been denied due to non-compliance with the Zoning Code. David Pysch stated that it would be wise for the Zoning Board to not require approval for energy efficiency improvements. Timothy Church stated that Mr. Pysch should speak to the Board of Trustees on Tuesday nights. 4) Approval of minutes - February 20, 2019. Motion was made to approve the February 20, 2019 minutes as amended. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - abstained Timothy Church - yes Alex MacFarlane - yes Gorete Crowe - yes Margaret Rubick- yes Vote: 5-0-1 APPROVED Motion was made to adjourn the meeting at 8:50 pm. Moved: Judge Seconded: Church Vote 6-0 Respectfully Submitted, PatYUlAt, PtLMXwAlAtPamela Pengelski Secretary to the Zoning Board of Appeals 7 (ZBA 3/20/2019) � 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-2019 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_2019-03-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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