https://sleepyhollow.localarchives.org/files/original/5fb732106b3c20583945db919df34f87.pdf 650830b0f9b10f115efe80b6c8c60470 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting April 17, 2019 Chairman Timothy Judge called the meeting to order at 8:10 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Margaret Rubick Absent: Gorete Crowe Timothy Church Alex MacFarlane Pamela Pengelski, Secretary to the Zoning Board of Appeals Also Present: Sean E. McCarthy, Village Architect Agenda: 1) Om Dhiman, Hall Management LLC, 178 Beekman Avenue, Religious place of worship, request for variance extension - Public hearing 2) Approval of minutes - March 20, 2019 1) Om Dhiman, Hall Management LLC, 178 Beekman Avenue, Religious place of worship, request for variance extension- 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. Deven Sharma is the Architect representing the applicant. Mr. Sharma stated that the building is existing non-compliant with the Zoning Code off-street parking requirements. The only way the building would be compliant with the Zoning Code would be to keep the building empty. Mr. Sharma stated that the Zoning Board and Planning Board granted a temporary variance and temporary site plan approvals for the use of first floor in anticipation that the applicant was going to build a new temple in another location outside of Sleepy Hollow. Mr. Sharma requested that the Zoning Board grant the variance with a permanent status for the off-street parking requirements. Chairman Judge stated that the applicant originally requested a temporary variance because of plans for relocation to White Plains. The temporary variance was granted and continued based on 1 (ZBA 4/17/2019) �the request stated in the application. The application needs to request for a permanent variance in order for the Board to vote on the approval. Sean McCarthy stated that Chairman Judge is correct and that variances are ordinarily granted a permanent status unless there are conditions or use changes. The applicant was originally granted a temporary variance of 18 months as a condition of the approval. The applicant has not requested a permanent variance. Chairman Judge asked if the public notice allows for a request for a permanent variance to be considered by the Board. Sean McCarthy stated that the notice reflects a request to extend the previously approved conditional temporary variance. Craig Lis asked if the Board has the ability to adjust the temporary time frame for longer than a year. Sean McCarthy stated that there are no restrictions to limit the Board from adjusting the time frame granted for the temporary variance from the standard one year time frame. Om Dhiman is the owner of 178 Beekman Avenue. Mr. Dhiman stated that they use the space as a place of worship for two days per week for only two to three hours for prayer and food. Mr. Dhiman stated that they also collect food and toys for the homeless. Chairman Judge solicited comments from the Board. There were no comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: Lis Vote 4-0 Chairman Judge solicited comments from the public. Dr. Bhagwati Mistry is a resident of Tarrytown for 38 years and is pleased to have a house of worship for the Hindu faith so close and supports the request to continue using the space at 178 Beekman Avenue as a temple. Dr. Suresh Khanna is a resident of Elmsford and works with Open Door and Phelps hospital. Dr. Khanna stated that they are a peaceful society who only meet a few days a week and supports the opportunity to continue a place of worship in the community. Vivek Gupta resides at 95 Beekman Avenue and stated that the temple has been great for him and his family, including two young daughters. Mr. Gupta stated that the temple supports the community as a whole by providing events and services to help the homeless. 2 (ZBA 4/17/2019) �Dr. Balram Advani is a new resident of Tarrytown and stated that he was pleased and surprised to find a temple so close to his home. He stated that he supports the temple as it provides a great source for gatherings for all of Westchester County. Mr. Nick Panwar is a past employee and a resident of Tarrytown. Mr. Panwar stated that he is now retired and spends a lot of time at the temple. Mr. Panwar stated that it is a good place to meet people and learn the Hindu culture. Motion was made to close the public hearing. Moved: Judge Seconded: Rubick Vote 4-0 Chairman Judge stated that the place of worship is not a burden on the community. Chairman Judge asked Sean McCarthy if there have been any complaints from the public. Sean McCarthy stated that there have been inquiries but no formal complaints from the public in regards to the temple. Motion was made by Chairman Judge to approve the variance as requested based on the following: 1. Extension of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties as it will continue its operations as a place of worship. 2. There are no other feasible methods for the applicant to pursue other than the variance requested due to the existing non-conformity of required off-street parking spaces. 3. The proposed variance is not substantial as the off-street parking spaces will only be utilized two days a week for two to three hours. 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 only way for people to come to the temple is to utilize off-street parking spaces during gatherings. Motion to grant the variance extension for a period of five years. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Margaret Rubick - yes Vote: 4-0 APPROVED 2) Approval of minutes - March 20, 2019 Motion was made to table the March 20, 2019 minutes to the next meeting. 3 (ZBA 4/17/2019) �Motion was made to adjourn the meeting at 8:37 pm. Moved: Judge Seconded: Rubick Vote 4-0 Respectfully Submitted, PaJvLoAz- Poju^oAiAtPamela Pengelski Secretary to the Zoning Board of Appeals 4 (ZBA 4/17/2019) � 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_2019-04-17 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