https://sleepyhollow.localarchives.org/files/original/029e6914adf71d53d17f2bfbfcdbcec2.pdf 9c588f6071928a231c8e2a2b51cb2225 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 20, 2019 Chairman Timothy Judge called the meeting to order at 8:00 pm. Present: Timothy Judge, Chairman Richard Hughes Craig Lis Margaret Rubick Gorete Crowe Timothy Church Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Alex MacFarlane Agenda: 1) Sleepy Hollow Holdings, LLC, 144 Cortlandt Street, Proposed conversion of commercial space - Public hearing 2) Sleepy Hollow Holdings, LLC, 196 Cortlandt Street, Proposed conversion of a commercial space - Public hearing 3) Approval of minutes - October 16, 2019 Chairman Judge read the agenda. 1. Sleepy Hollow Holdings LLC, 144 Cortlandt Street, Proposed conversion of commercial space - 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 mailing 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. Gabrielle Salman is an Architect representing the applicant and requested approval for the proposed conversion of the existing first floor retail space into a three bedroom residential apartment. Ms. Salman stated that there is currently a retail space and an illegal unoccupied apartment on the first floor, two apartments the second floor, and two apartments on the third floor. Ms. Salman stated that they are requesting to have a total of five apartments. Ms. Salman stated that the conversion to commercial to residential decreases the parking space requirements. 1 (ZBA 11/20/2019) �Sean McCarthy asked Mr. Salman to clarify the existing number of apartments per floor. Gabrielle Salman stated that there are two apartments on the third floor, two apartments on the second floor and they propose to have one apartment on the first floor. Sean McCarthy stated that the plans submitted indicate that there is one apartment on the second floor. Gabrielle Salman stated that Mr. McCarthy is correct and that there is only one apartment on the second floor. Sean McCarthy stated that the applicant is requesting to have a total of four residential apartments. Gabrielle Salman stated the applicant is requesting to have a total of four residential apartments. Craig Lis asked Sean McCarthy if the variances are required due to the change from a commercial use to a residential use. Sean McCarthy stated that the property is located in the C-2 commercial zone and is currently a mixed used building. The conversion of the building to full residential use requires the property to follow the R-5 zoning requirements. Timothy Church asked how many parking spots are required for the current mixed use of the building. Sean McCarthy stated that the mixed use parking requirement is based on the gross area of the space. According to the Architect, the space would require three parking spaces; a three bedroom apartment would also require three parking spaces. Chairman Judge asked if the application requires a use variance. Sean McCarthy stated that a structure that is solely residential is permitted by the Zoning Code. Chairman Judge asked Ms. Salman why the property space has remained vacant. Gabrielle Salman stated that there is a larger demand for apartments than commercial space. Harry Horowitz is a member of Sleepy Hollow Holdings, LLC and stated that they acquired the property in March of 2019. Mr. Horowitz stated that they have made consistent efforts to attract a retail tenant and have not had a single interest or showing since March. Mr. Horowitz stated that there is high demand for residential apartments and they would like to be able to fill the space. Richard Hughes asked the applicant if there are any current tenants in the ground floor retail space. 2 (ZBA 11/20/2019) �Harry Horowitz stated that the retail space is currently vacant. Richard Hughes asked if they would be eliminating the existing fa9ade of the building. Gabrielle Salman stated that they propose to have two front exterior windows similar to the floors above it. Harry Horowitz stated that the existing footprint of the retail space will remain and be converted into a residential apartment. Timothy Church asked how long the retail space has been vacant. Harry Horowitz stated that the retail space has been vacant for the past three years. Chairman Judge asked if there are any open Building Code violations associated with this property. Sean McCarthy stated that the current owner has diligently been working to correct the existing Building Code violations. Chairman Judge asked Mr. Horowitz why there is an issue in getting a retail tenant in the space. Harry Horowitz stated that income base of the residents living on Cortlandt and the conditions of surrounding properties limit the types of retail business interest for that space. Timothy Church asked what is planned for the fa9ade of the building. Gabrielle Salman stated that the building fa9ade will be consistent with the second floor and have two windows; the front door will remain the same. Sean McCarthy stated that the plans indicate that there are four windows proposed and do not include a front door. Gabrielle Salman stated that the retail entry door will be eliminated; four windows will be installed; and the front entry door will provide access to all the apartments. Ms. Salman stated that she was referring to the proposed renovation for 196 Cortlandt when she misspoke about the number of windows. The exterior of the building will be consistent with the materials of the existing structure. Timothy Church questioned if the parking requirement would change if a two bedroom apartment was constructed in lieu of a three bedroom unit. Sean McCarthy stated that a two bedroom apartment would still require three parking spaces. Harry Horowitz stated that the majority of the residents on Cortlandt Street use public transportation and that a retail space would generate a greater need for parking. 3 (ZBA 11/20/2019) �Timothy Church stated that parking is a problem for residents in the evening. Mr. Church stated that the proposed application does not increase the required number of parking spaces. Motion was made open the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 Chairman Judge solicited comments from the public. Domenic Pulsoni is the owner of 178 Cortlandt Street and two properties on Chestnut Street. Mr. Pulsoni stated that he has no objections to the proposed application. Mr. Pulsoni stated that availability of parking spaces on Cortlandt Street, Depeyster Street, and Chestnut Street is a great hardship to the residents. The lack of parking spaces on the streets prevent pedestrians from walking safely and proper emergency vehicle access. Motion was made to close the public hearing. Moved: Judge Seconded: Lis Vote 6-0 Chairman Judge solicited comments from the Board. Margaret Rubick asked for the sizes of the apartments on the second and third floors of the building. Harry Horowitz stated that there are two one bedroom apartments on the third floor and one three bedroom apartment on the second floor. The second floor apartment will be slightly larger than the proposed ground floor apartment due to the staircase configuration. Gorete Crowe asked if the apartments will be affordable housing apartments. Harry Horowitz stated that they will not be restricted affordable apartments. Timothy Church asked if there are other buildings on the street that are solely residential. Harry Horowitz stated there are several building that are completely residential residences. Sean McCarthy suggested an alternative apartment layout plan that would allow the applicant to keep the existing fa9ade and maintain a grade level entrance to the apartment. Chairman Judge stated that leaving the existing fa9ade would make it easier to convert back to a commercial space if the market warranted a change in demand. Motion was made by Craig Lis to approve the area variances as requested based on the following criteria: 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. 2. The benefit sought by the Applicant is reasonable and is the feasible method to pursue the occupancy of a vacant space. 4 (ZBA 11/20/2019) �3. The proposed variances are not substantial due to the pre-existing non-conformities of the property and the parking space requirements are not increased by a conversion to a residential use of the space. 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. Chairman Judge stated that the application meets the requirements for a Type II action under SEQRA 617.5. Motion was made to grant the area variances as requested. Moved: Lis Seconded: Judge Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Margaret Rubick - yes Gorete Crowe - yes Timothy Church- yes Vote: 6-0 APPROVED 2. Sleepy Hollow Holdings LLC, 196 Cortlandt Street, Proposed conversion of commercial space - 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 mailing receipts have received. Sean McCarthy stated that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. Gabrielle Salman is the Architect representing the applicant and requested approval for the proposed conversion of existing vacant first floor retail space into a three bedroom residential apartment that will be accessible from the main hallway entrance of the existing apartment units. Gorete Crowe stated that the space has not been vacant for and long asked why they are having problems attracting businesses to rent the space. Harry Horowitz is a member of Sleepy Hollow Holdings, LLC and stated that the space was previously used as a laundromat. The increase of laundry service businesses in the area has eliminated the demand on Cortlandt Street. Mr. Horowitz stated that efforts have failed to obtain an occupant for a retail space. Chairman Judge stated that the applicant should be aware that the Village's proposed Comprehensive Plan includes the revitalization of the area that could increase the demand for retail space. 5 (ZBA 11/20/2019) �Chairman Judge asked Sean McCarthy if there are any open Building Code violations associated with the property. Sean McCarthy stated that the current owners have been working to address the outstanding building code violations. Mr. McCarthy stated that the interior of the proposed space is currently demolished and needs structural repairs in order to make the space safe. Margaret Rubick asked if the proposed action is consistent with the adopted Comprehensive Plan. Sean McCarthy stated that the Comprehensive Plan has not been adopted. Richard Hughes asked if the application requires Planning Board approval. Sean McCarthy stated that the application does not required Planning Board approval. Chairman Judge asked Sean McCarthy to summarize the history of the property and past applications. Sean McCarthy stated that the property will remain a mixed used building that includes commercial and residential spaces. The variance requirements for this application are strictly for an increase in demand for parking spaces. The occupied commercial space, on the corner of the property received a variance for a food establishment; has since been renovated and is doing well. The space involved in this application also received a variance for the laundromat establishment. The previous owners failed to complete renovations to the space and the space has since been vacant. Chairman Judge asked if all of the residential apartments on the second floor are occupied. Harry Horowitz stated that all of the residential apartments are occupied. Chairman Judge asked if there is an unsafe condition to the total building. Sean McCarthy stated that the building structure has been temporarily shored up and the corrections have been made to the apartments to bring them into compliance. Timothy Church asked what the change in the parking demands are with the proposed changes from commercial to residential. Sean McCarthy stated that the parking requirements are based on the number of bedrooms proposed. The residential conversion to a three-bedroom apartment will require two additional required parking spaces; bringing the total from twenty-three required parking spaces to twentyfive parking spaces. Timothy Church asked how many bedrooms are in the upstairs apartments. 6 (ZBA 11/20/2019) �Harry Horowitz stated that there are six apartments upstairs; four of the apartments are threebedroom units and two of the apartments have one bedroom. Chairman Judge solicited comments from the Board. Motion was made open the public hearing. Moved: Judge Seconded: Crowe Vote 6-0 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: Lis Vote 6-0 Chairman Judge stated that parking is always an issue in the inner portion of the Village. Chairman Judge stated that he doesn't like to see commercial space eliminated but appreciates that the applicant is working to bring the building structure into compliance and understands the need to benefit from their investment. Timothy Church stated that is it is beyond the purview of the building owners to solve the parking problem and that it is incumbent on the Village to do so. Sean McCarthy stated that part of the findings should state that there is no other feasible way to obtain any additional parking on the property. Motion was made by Chairman Judge to approve the variances as requested based on the following criteria: 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 as there are several sole residential properties in the area. 2. There is no other feasible method to pursue the benefit sought by the applicant as the proposed space has been vacant and there are no means to obtain additional site parking spaces on the property whether it is commercial or residential use. 3. The proposed variances are not substantial due to the unsolvable site parking conditions. 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. Chairman Judge stated that the application meets the requirements for a Type II action under SEQRA 617.5. Motion was made to grant the variances as requested. Moved: Judge Seconded: Church 7 (ZBA 11/20/2019) �Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - abstained Margaret Rubick - yes Gorete Crowe - yes Timothy Church- yes Vote: 5-0-1 APPROVED 3. Approval of minutes, October 16, 2019 Motion was made to approve the October 16, 2019 minutes as amended. Moved: Judge Seconded: Lis Timothy Judge, Chairman - yes Craig Lis - yes Richard Hughes - yes Margaret Rubick - abstained Gorete Crowe - yes Timothy Church- yes Vote: 5-0-1 APPROVED Motion was made to adjourn the meeting at 9:02 pm. Moved: Judge Seconded: Church Vote 6-0 Respectfully Submitted, Pa^ruiAt- /Kt^M Pamela Kroll Secretary to the Zoning Board of Appeals 8 (ZBA 11/20/2019) � 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/. 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