https://sleepyhollow.localarchives.org/files/original/782a3cb00ed08f118cadc05384eef166.pdf a169a22efd24a385e425c52466182820 PDF Text Text RESOLUTION Adopted at the September 18,2019 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Second Floor Addition and Alterations LOCATION: 130 New Broadway TAX MAP DESIGNATION: Section 115.8, Block 1, Lot 72 ZONING DISTRICT: R-4 WHEREAS, on August 15, 2019, an application was submitted by James O'Connell (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") for area variance approvals for additions and alterations to the second floor of an existing single-family residence (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 Article VI, Section 450-34.B of the Zoning Code, Applicability of regulations, adding to and altering an existing non-conforming building, where the required minimum rear yard set-back is 25.00 feet and the existing rear yard set-back is 13.62 feet; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-35. of the Zoning Code, Schedule of regulations, to permit additions and alterations to the second floor where the required minimum rear yard set-back is 25.00 feet, the existing rear set-back is 13.62 feet and the proposed front yard set-back is 13.62 feet; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals application submitted and signed by the Applicant, dated August 13, 2019 2. Building Permit Application denial letter signed by Sean E. McCarthy, Building Inspector, dated June 25, 2019 3. Zoning Compliance Form, signed and stamped by Rui F. Arraiano, RA, dated August 13, 2019 4. Short Environmental Assessment Form Part-1 Project information, signed by Rui F. Arraiano, RA, dated August 13,2019 5. Property survey prepared and stamped by David Scott Freeman, dated December 19, 2011 6. Photographs of the existing conditions 7. Deed, dated January 5, 2012 8. Construction drawings ZBA-1, ZBA-2, ZBA-3, ZBA-4 prepared, stamped and signed Rui F. Arraiano, RA, dated August 13, 2019 Page 1 of 4 �WHEREAS, the ZBA held a duly noticed public hearing on September 18, 2019 to hear and consider the application; and WHEREAS, a letter was received from Walter Ceconi, the owner of 120 New Broadway, on September 18,2019 to expressing approval for granting of the variances to the Applicant; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, 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 a Type II 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 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 non-conformity of the property. 3. The proposed variances are not substantial as the proposed changes are a continuance 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. Page 2 of 4 �BE IT FURTHER RESOLVED, that the variances requested by the applicant are 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 Applicant may obtain the endorsed approval of the ZBA Chairman on a copy of this 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 Date Page 3 of 4 �b*«tfJ. ** or. 1155 1 " * «jfib � 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_RES-130-New-Broadway 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