https://sleepyhollow.localarchives.org/files/original/4247c95faa396fcde91530489b96edb1.pdf a253115d3d4c0b233a6e85e5372aa26f PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting September 18, 2019 Chairman Timothy Judge called the meeting to order at 8:04 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Alex MacFarlane Gorete Crowe Timothy Church Margaret Rubick Also Present: Sean McCarthy, Village Architect Pamela Pengelski, Secretary to the Zoning Board Agenda: 1) Sean & Susan Treacy, 229 Webber Avenue, Proposed front porch addition - Public hearing 2) Brian & Brittany Johnson, 86 Howard Street, Proposed deck addition - Public hearing 3) James O'Connell, 130 New Broadway, Proposed dormer addition and alterations -Public hearing 4) KTM Architect, 180 Bedford Road, Proposed addition and alterations - Public hearing 5) 120 Spring Street LLC, 37 Hudson Terrace, Proposed addition and alterations - Public hearing 6) Approval of minutes - March 20, 2019, April 17, 2019, July 17, 2019 Chairman Judge read the agenda to clarify revisions dated 9-18-19. 1) Sean & Susan Treacy, 229 Webber Avenue, Proposed front porch 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. Sean Treacy is the owner of 229 Webber Avenue. Mr. Treacy stated that they propose to replace the existing failing concrete pad located in the front of the house and construct a new portico with the same dimensions but eliminating the full length roof. Mr. Treacy stated that the 1 (ZBA 9/18/2019) �proposed renovations will improve the appearance of the house. Mr. Treacy stated that he is concerned that the existing structure may soon fall apart. Chairman Judge solicited comments from the Board. Margaret Rubick stated that the variance for the front yard set-back decreases as the proposed construction increases the distance to the front yard property line. Sean Treacy stated that they plan to construct the porch structure a little further back into the setback area. Edmond Gemmola is the Architect representing the applicant. Mr. Gemmola presented the existing survey, the proposed site plan, and elevations to show where the porch and steps are proposed for construction. Sean Teacy stated that they will be using the same Trex materials the contractor used for the rear deck construction and stated that Sean McCarthy could attest to the quality of the work that has been completed. Sean McCarthy stated that all new construction work has been completed nicely. Chairman Judge stated that the Board addresses the non-conformities of the set-backs and that the applicant is clear in their efforts to address the issue by moving the structure further back. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 7-0 Chairman Judge solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Judge Seconded: Rubick Vote 7-0 Sean McCarthy stated that this house is very similar to many of the homes on Webber Avenue in that the front yards encroach into the required set-back. Sean Treacy stated that the house was built in 1883, way before the Zoning Codes were adopted. Sean McCarthy stated that this house is the last house on that block and if there was a house on the other side, the average set-back would be used and would not require a variance. Motion was made by Chairman Judge to approve the variances as requested based on the following: 2 (ZBA 9/18/2019) �1. Granting of the area variances will not produce an undesirable change or a detriment to the nearby properties and are keeping in the character of the neighborhood providing a benefit to the applicant. 2. The proposed variances are not substantial as the proposed changes are existing nonconformities and the proposed construction will slightly increase the front yard set-back. 3. The benefit sought by the Appliance is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing nonconformity of the property. 4. The proposed variances 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. Motion to grant the area variances as requested. Moved: Judge Seconded: Rubick Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 2) Brian & Brittany Johnston, 86 Howard Street, 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. William Simeoforides is an Architect representing the Applicant. Mr. Simeoforides stated that the applicant proposes to demolish the existing rear covered porch and construct a screened-in porch and an 18 x 12 foot rear deck addition. The variances requested are required due to the existing non-conforming undersized lot size. Mr. Simeofordes stated that the proposed application is not self-created, will be in character with the neighborhood, not a detriment to the environment, and there is no other location to place the deck. Craig Lis asked what property is located behind the applicants' property. William Simeoforides stated that the applicant's property is located behind the old General Motors property. 3 (ZBA 9/18/2019) �Sean McCarthy stated that the property located behind 86 Howard Street is the East Parcel property development. Chairman Judge stated that the proposed construction is not visible from the street. Sean McCarthy stated that the application does not increase the degree of the existing nonconformities. Chairman Judge asked if the foot print of the house is changing. Sean McCarthy stated that the proposed application will not change the footprint of the house. 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 7-0 Chairman Judge solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Judge Seconded: Church Vote 7-0 Motion was made by Chairman Judge to approve the variances as requested based on the following: 1. The proposed variances are not substantial as the proposed changes will not alter the existing non-conformities. 2. Granting of the area variances will not produce an undesirable change or a detriment to the nearby properties and are keeping in the character of the neighborhood providing a benefit to the applicant. 3. The benefit sought by the applicant is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing nonconformity of the property. 4. The proposed variances 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. Motion to grant the area variances as requested. Moved: Rubick Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes 4 (ZBA 9/18/2019) �Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 3) James O'Connell, 130 New Broadway, Proposed door addition and alterations - 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 the application. Chairman Judge read the letter received from Walter Ceconi, owner of 120 New Broadway, on September 18, 2019 which stated the following: To: The Members of Village of Sleepy Hollow Zoning Board Dear Board, My wife and I, Walter and Barbra Ceconi, are 100% behind Mr. James request for a variance. O'Connell's I have lived next door to Mr. O'Connell's property for 85 years and feel this addition will enhance the house and is definitely needed. Not only will the new roof be in line with a newer roof added by the former owners, but will also give them headroom in the bedrooms where it is sorely lacking Hopefully, their request will be granted. Chairman Judge solicited comments from the Board. Margaret Rubick stated that there is no change to the existing non-conforming variance. There were no additional comments from the Board. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 7-0 Chairman Judge solicited comments from the public. There were no comments from the public. 5 (ZBA 9/18/2019) �Motion was made to close the public hearing. Moved: Judge Seconded: Crowe Vote 7-0 Motion was made by Chairman Judge to approve the variances as requested based on the following: 1. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties and the neighbor next door is in favor of granting approval. 2. The benefit sought by the applicant is reasonable and there are no other feasible methods for the applicant to pursue other than the variances requested due to the existing nonconformity of the property. 3. The proposed variances are not substantial as the proposed changes are a continuance of the existing non-conformities. 4. The proposed variances 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. Motion to grant the area variances as requested. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 4) KTM Architect, 180 Bedford Road, Proposed addition & alterations - 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 the application. Kimberly Martelli is the Principle of KTM Architects representing the applicant. Ms. Martelli stated that the accessory carriage house structure is owned by a principle resident. The structure was constructed in the mid 1990's and received a variance from the Town of Mount Pleasant for a front yard set-back. Ms. Martelli stated that the proposed additions and alterations require variance approvals from the Village for existing non-conformities of the front yard set-back and permitted height of an accessory structure. The application proposes to maintain the original 6 (ZBA 9/18/2019) �structure by lifting and stabilizing the building and then constructing a level below it. The building will be elevated by approximately 9 feet. The existing structure is a single story with a second story above. It is proposed to open up the second story to a double height volume to accommodate for construction of a recreation facility for the residents. Ms. Martelli presented the existing and proposed elevations to show where the additions will be constructed to add an additional 8.95 feet in height to the existing non-conforming structure. Ms. Martelli stated that although the building exceeds the permitted height limits of an accessory structure, and the front yard set-back, the building is very well screened with an existing landscape buffer, fencing, and brick wall at the perimeter. Timothy Church asked what a view shed zone is, as referenced on the survey. Kimberly Martelli stated that she would find out what the view shed zone indicated on the master plan of the 75 acres refers to. Timothy Church asked Ms. Martelli is she has depiction views of the proposed structure as it would be viewed from Bedford Road. Kimberly Martelli stated that the proposed structure would be mildly visible from Bedford Road but that she could provide renderings to show how the landscaping provides screening if requested by the Board. Gorete Crowe stated that the existing building is not visible from Bedford Road but she is concerned that you may be able to see it if the height is increased by 9 feet. Kimberly Martelli stated since the existing roof peaks are proposed to remain, only the peaks of the dormers may be visible. Timothy Church asked if the roof pattern is proposed to change. Kimberly Martelli stated that the existing structure is being lifted so there will be no changes to the roof patterns. The two story structure will remain and the center floor will be opened up to create the double height space. Chairman Judge stated that it will not be visible from the outside what has been opened up. Chairman Judge asked for the grade difference between Bedford Road and the carriage house location. Kimberly Martelli stated that the grade at the driveway entrance on Bedford Road is 324 feet and the grade of the proposed lower level finished floor of the carriage house is 329.34 feet; a 5.34 foot differential. Chairman Judge asked Ms. Martelli what variances need to be approved by the Town of Mount Pleasant. 7 (ZBA 9/18/2019) �Kimberly Martelli stated that the requested variances for the Town of Mount Pleasant are also for increasing the non-conformities of an existing non-conforming accessory structure as well as for the permitted height increase. Chairman Judge asked if the set-backs increase with the construction of the additions. Kimberly Martelli stated that the proposed additions will not increase the existing nonconformity of the front yard set-back. It is only the roof height that is proposed to increase by the proposed lifting of the existing structure. Gorete Crowe asked why the increase in the roof elevation is requested. Kimberly Martelli stated that a basketball court is proposed as part of the recreation facility. Chairman Judge asked if there is a long term plan for the property and the use of the proposed facility. Kimberly Martelli stated that the property will be maintained as a single family residence for the owners. Timothy Church asked what the view would be from the North side of the property. Kimbery Martelli stated that the grade rises significantly on the North side of the property and that the buildings are not visible from the North side of the property. Timothy Church stated that there is not a view shed heading south towards the property. Kimberly Martelli stated that Timothy Church is correct and that the principle residence sits much higher than the accessory structures on the property. Gorete Crowe asked if there are any intentions of using this property for rentals. Kimberly Martelli stated there is no work proposed other than maintaining the property as a single-family residence and accessory structures for the owner. Chairman Judge stated that the concerns for long term plans for potential commercial uses would impact the Village. Kimberly Martelli stated that would require use variances to permit a change from residential to commercial uses. Timothy Church stated that the Board does not have a depiction of what the proposed height increase would look like from Bedford Road. Mr. Church stated that providing a drawing to show the general public what the proposed height difference will look like would allow the Board to be more confident in deciding if the proposed alterations would be in keeping with the character of the neighborhood. 8 (ZBA 9/18/2019) �Chairman Judge stated that the application structure is 40 feet from the Road and he is concerned about what happens when you lose the screening from the trees. Chairman Judge asked if there is a landscape plan to add any additional screening. Kimberly Martelli stated that they are in the process of working with an Architect on a long term landscaping site plan for the entire 75 acres to bring to the Town of Mount Pleasant Planning Board and that she would be happy to present it to the Village of Sleepy Hollow in efforts to have a cohesive approval process. Ms. Martelli stated that maintaining privacy is a critical goal for the owners. Ms. Martelli stated that she would be happy to come and present a rendering of the proposed construction so that the Board can be comfortable with their decision on the variance for the roof height increase. Motion was made to open the public hearing. Moved: Judge Seconded: Crowe Vote 7-0 Chairman Judge solicited comments from the public. There were no comments from the public. Motion was made to continue the public hearing at the October 16, 2019 meeting. Moved: Judge Seconded: Vote 7-0 5) 120 Spring Street LLC, 37 Hudson Terrace, Proposed addition and alterations - 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 the application. David F. Arango is an associate from Rui Arraiano Architect and Associates representing the applicant. Mr. Arango presented the existing structures proposed for removal to reduce the existing building coverage and increase the grass coverage. The existing collapsing retaining wall will be demolished and rebuilt to align with the property line. Mr. Arango stated that the proposed renovations include an extension of the existing porch, siding repairs and window replacements. Mr. Arango stated that the applicant proposes to utilize the second and third floor and the basement as their residence and create a separate apartment on the first floor. This will allow the property to be a true two-family residence in lieu of renting rooms in different apartments. The proposed sunroom addition over the new garage requires a variance for the increase in the floor area ratio. The total building coverage will be reduced. Margaret Rubick asked if only the size of the upper floor was increasing and if the footprint of the house will stay the same. 9 (ZBA 9/18/2019) �David Arango stated that the foot print of the house will remain the same. Tim Church asked Mr. Arango to explain the differences between the 37.3 percent existing building coverage and the 32.79 percent proposed building coverage as noted on the Zoning Compliance Form. David Arango stated that the building coverage percentage will be reduced because the applicant proposes to remove the existing storage building, covered entry, and the porch that was part of the kitchen. Richard Hughes asked if they propose to add another garage. David Arango stated that the applicant proposes to construct a garage in the original location, where the space was being used as a room, in order to construct the new sun room addition above it. Chairman Judge asked if the two apartments in the basement will be removed and if the house will now be a two-family home. David Arango stated there will no longer be apartments in the basement and the house will be a two-family residence. Chairman Judge asked Sean McCarthy if there were any letters received from the public regarding the application. Sean McCarthy stated that the Building Department has not received any letters regarding the application. Chairman Judge solicited questions from the Board. Gorete Crowe asked if there is sufficient parking for a two-family residence. David Arango stated that each residential unit will have one parking space in the new proposed garage Motion was made to open the public hearing. Moved: Judge Seconded: Lis Vote 7-0 Chairman Judge solicited comments from the public. Inessa Bliznetsova is the owner of 39 Hudson Terrace and stated that she supports the proposed changes because it will be nice to have a two-family house next door to her property, it will not require extra parking spaces and the changes will add value to her house and the surrounding houses. There were no other comments from the public. 10 (ZBA 9/18/2019) �Motion was made to close the public hearing. Moved: Judge Seconded: Crowe Vote 7-0 Chairman Judge asked Sean McCarthy is there is any building history that the Board should be aware of. Sean McCarthy stated that it is good that the building has a new owner who wishes to renovate the building to create a code compliant two-family house. Chairman Judge solicited additional comments from the Board. Margaret Rubick stated that the proposed changes will be improvements to the house. Alex MacFarlane stated that the proposed changes will be improvements to the house. Motion was made by Chairman Judge to approve the variances as requested based on the following: 1. Granting of the area variances will produce a beneficial and desirable change in the character of the neighborhood and the nearby properties as attested by a neighboring property owner. 2. There benefits sought by the applicant are feasible methods to pursue the requested variances and will not change the footprint of the existing property. 3. The proposed variances are not substantial as the existing non-conformities of the proposed changes are the nature of a corner lot. 4. The proposed variances 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 and the proposed changes will be an improvement to the property. Motion was made to grant the area variances as requested. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED 6) Approval of minutes - March 20, 2019, April 17, 2019, July 17, 2019 Motion was made to approve the March 20, 2019 minutes. Moved: Judge Seconded: Rubick 11 (ZBA 9/18/2019) �Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick Vote: 7-0 APPROVED Motion was made to approve the April 17, 2019 minutes. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED Motion was made to approve the July 17, 2019 minutes. Moved: Judge Seconded: Rubick Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Timothy Church- yes Margaret Rubick - yes Vote: 7-0 APPROVED Motion was made to adjourn the meeting at 9:20 pm. Moved: Judge Seconded: Rubick Vote 7-0 Respectfully Submitted, Pamela Pengelski Secretary to the Zoning Board of Appeals 12 (ZBA 9/18/2019) � 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_2019-09-18 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