https://sleepyhollow.localarchives.org/files/original/f66f862c4837a9067fc5123ea4203fe8.pdf a3427ebab05b6bd419e51a9da18e59ad PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting May 20, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairman Timothy Judge. Residents could not attend in person due to the COVID-19 pandemic, but could participate by phone and video. The Board and the applicants participated by videoconferencing. Present: Timothy Judge, Chairman Gorete Crowe Richard Hughes Alex MacFarlane Margaret Rubick Craig Lis Timothy Church Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Agenda: 1) Elizabeth Hill and Rachid Tbahi, 9 Irving Place, Proposed third apartment - Public hearing 2) Collette Weinstein, 41 Amos Street, Proposed basement alteration -Public hearing 3) Yonaton and Naomi Rabino, 1 Manor Close, Proposed additions and alterations- Public hearing 4) Approval of minutes, January 15, 2020, February 19, 2020 Sean McCarthy read the following statement: Tonight's meeting is convened in accordance with the Governor's Executive Order Number 202.1 issued March 13,2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight's meeting and public hearing, and a transcript will be provided at a later date. I have also confirmed with the Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin board, the Journal News newspaper, and posting a copy on the Village website. Sean McCarthy stated that tonight's meeting is being broadcasted live on cable television and also on YouTube. Chairman Judge requested a roll call of the Zoning Board of Appeals members present and confirmed there is a quorum. 1 (ZBA 5/20/2020) �1. Elizabeth Hill and Rachid Tbahi, 9 Irving Place, Proposed third apartment - Public hearing Chairman Judge read the public notice and listed the documents submitted in the application and asked Sean McCarthy to confirm that all of the mailing receipts have been received. Sean McCarthy confirmed that all of the mailing receipts have been received. Chairman Judge asked the Board members to confirm receipt of two additional documents submitted by the applicant. The Board members confirmed receipt of additional submissions. Gorete Crowe stated that she recuses herself from voting on the application because she resides in the area of notification. Chairman Judge invited the applicant to present the application. Betsi Hill stated that she is the owner of the building located at 9 Irving Place and stated that she has invited her architect Mitchell Koch and her attorney Tracey Daniels to speak on behalf of the application. Betsi Hill stated that they have owned the property for approximately eleven years and provided a history on how the residential space has been occupied. Ms. Hill stated that their intentions are to complete what is required to make the building code compliant, including the addition of a sprinkler system. Mitchell Koch is a registered architect, who resides in Irvington New York, and is representing the applicants. Mr. Koch stated that the applicant proposes to convert the existing two-family residence into a three-family residence by creating a third apartment in the attic space. Mr. Koch asked if the existing 300 square feet of open space, in the front yard entry, constitutes the minimum open space required for a multi-family residence as per the Schedule of Regulations requirement of 100 square feet per unit. Sean McCarthy stated that if the 300 square feet of open space is considered as useable space by the tenants, the open space may be counted in the required calculations. Mitchell Koch stated that the back parking area allows for 300 square feet per parking space and questioned why the public notice references that two parking spaces exist where they calculate there are three existing parking spaces. Sean McCarthy stated that the existing parking spaces are not calculated just by the overall area. Parking spaces are required to be a minimum of 9 feet wide by 18 feet long and the spaces must have maneuvering capability. Mitchell Koch stated that a three-point turn allows the maneuvering capability for three parking spaces in the back parking area. Mr. Koch stated that all three parking spaces are 9 feet wide by 2 (ZBA 5/20/2020) �18 feet long. Mr. Koch stated that historically, two tandem parking spaces have been utilized at the shared driveway location on Irving Place. Mr. Koch acknowledged the driveway parking is not compliant with the zoning requirements but that it has been used to eliminate parking on the street. Mr. Koch presented the municipal tax parcel map and stated that there are very few property lots or buildings that are in conformance with the Zoning Code as it relates to the required set-backs or building coverage. Chairman Judge stated that the municipal tax parcel viewer map was not included in the submission package and that the Board must base decisions on the documents they received for review. Sean McCarthy stated that one of the two proposed parking spaces in the front of the property may not be counted as permitted parking spaces on the applicants' property because a portion of land is located on the adjoining property. The parking space may not be counted as an existing space in the Zoning Code regulations. Parking space number one, located in the rear yard, as illustrated in the Zoning Analysis, may not be counted as an existing space because a 90 degree turn cannot be made within the space. Tracey Daniels, Esq. is the attorney representing the applicants and stated a document was submitted to detail alternative creative solutions for future parking requirement issues. Lease restrictions on parking could be put into place for tenants. Chairman Judge stated that a creative solution for the parking spaces in the future is not a solution in front of the Board. Zoning Code requirements and decisions are tied to the property and may not be incorporated with restrictive leases. Tracey Daniels questioned if it is possible to record a covenant against the property to require leases on parking restrictions. Chairman Judge stated that the Board would have to research as to whether or not a restrictive covenant can be recorded as part of their decision. Chairman Judge solicited comments from the Board. There were no comments from the Board. Mitchell Koch stated that there are several multi-family detached homes that have similar nonconformities to the Zoning Code and that they welcome the advice of the Board on a solution that would allow for the approval of the application. Chairman Judge stated the main concern of the Board relates to the issue of the driveway easement. Decisions regarding easements are not in the purview of the Zoning Board. Mitchell Koch stated that the easement has been in place for 50 years. Chairman Judge stated that the easement is not recorded in the neighboring property owners' deed. 3 (ZBA 5/20/2020) �Tracey Daniels stated that if the easement is not included in the neighboring property owners' deed, it doesn't mean that the easement doesn't exist. The applicant has offered to work with the neighboring property owner to solve issues regarding maintenance and the shared use of the driveway. Chairman Judge stated the Zoning Board may not make the determination as to whether or not the easement exists. Decisions on the existing parking spaces cannot be determined without evidence of the easement being confirmed. Margaret Rubick asked Mitchell Koch to display the Zoning Analysis drawing for discussion as it relates to the property lines for 9 Irving Place. Chairman Judge stated that the drawing shows that there is only 2.5 feet of driveway access to the edge of the property. Tracey Daniels stated that the easement is not plotted on the Zoning Analysis drawing. Ms. Daniels stated that she disagrees and that the easement provides access to the entire driveway. Chairman Judge stated that no documentation has been provided on behalf of the neighboring property to support the existence of the easement. Chairman Judge stated that a resolution to existence of the easement must be provided before the Zoning Board can make a decision. Chairman Judge solicited comments from the Board. Richard Hughes asked if the property owner lives on the premises. Betsi Hill stated that she does not live on the premises. Richard Hughes asked if 9 Irving Place is an investment property and if the athlete tenants will pay rent for the use of the apartment spaces. Betsi Hill stated that athlete tenants are no longer staying at the residence. Ms. Hill stated that they propose to rent the first and second floor apartments to traditional tenants. If the proposed third floor apartment is approved, they propose to rent the space to a student or athlete at a reduced, lower than market rent rate. Margaret Rubick asked the applicant to confirm that only the first and second floor apartments have been previously rented and to speak on the past occupancy of the third floor attic space. Betsi Hill stated that only the first and second floor apartments have been rented since her ownership of the building. Chairman Judge asked Sean McCarthy for historical information on the building and if they were any issues related the third floor being occupied. 4 (ZBA 5/20/2020) �Sean McCarthy stated that prior to the current ownership, there were issues with an occupancy of the third floor. Chairman Judge asked the applicant to confirm that they were aware that the building was purchased as a legal two-family residence. Betsi Hill stated that she was aware that the house was a legal two-family residence at the time of purchasing the building; that it had previously been used as an illegal four-family residence, and that it has been listed on tax rolls in Sleepy Hollow and the Town of Mount Pleasant as a legal three-family residence. Chairman Judge stated that the tax rolls do not impact the Boards consideration of the Zoning Code regulations. Chairman Judge asked Sean McCarthy if there have been any Building Code violations associated with the building. Sean McCarthy stated that the building does not have any open Building Code violations. It is a legal two-family residence that is being used properly. Tim Church asked if there has been correspondence or legal proceedings filed between the applicant and the neighboring property owner in regards to resolving the easement. Tracey Daniels stated that there are not any legal proceedings pending from her office. Betsi Hill stated that she has had correspondence with the neighbor informing him of the easement documentation provided with their transfer of sale and that they wish to work with him on his concerns over the driveway use. Tim Church asked if the discussions included the possibility of purchasing the north portion of the property from the neighboring property owner in order to gain more parking spaces. Betsi Hill stated that the option has not been considered with the neighboring property owner. Motion was made to open the public hearing. Moved: Judge Seconded: MacFarlane Vote 6-0-1 Chairman Judge solicited comments from the public. Luis Walters is the owner of 11 Irving Place and stated that when he purchased his property, it was explained to him that the neighboring property owners are permitted to use the driveway to take the garbage in and out and have access to the tank on the north side of the house for fuel deliveries. In the back of the 9 Irving Place house, there previously was a garden, a pool, and then the owner installed the blacktop in the backyard in order to sell the 9 Irving Place building. Mr. Walters stated they he never gave permission to use the driveway on his property to get to the back parking lot area. He maintains the fence and the driveway and that he is liable for any 5 (ZBA 5/20/2020) �injuries from the use of his property. Mr. Walters stated that the applicant states they have an easement of 2.5 feet but they only have 18-19 inches. Yasmin Walters is the daughter of Luis Walters and lives at 95 Beekman Avenue, apartment 225-L. Ms. Walters stated that it is difficult to get three cars in and out of the backyard parking lot. She has seen the garage get scratched and the fence in the back of 9 Irving Place get hit. The area is narrow and she has seen people use her parents' backyard so they can turn cars around to get into the backyard parking lot. Cars are constantly coming in and out. Ms. Walters stated that although two cars do fit in the front parking spot, the second car always sticks out onto the sidewalk. If anyone walks on Irving Place from Elm Street towards Beekman Avenue with a stroller, they must walk into the street to get around the car. Her father is the only one who maintains or cleans the driveway in the Fall or the Winter. Gorete Crowe lives at 28 Kendall Avenue and stated that her biggest concern is that many residents from Irving Place park on Kendall Avenue. She had to purchase two parking spots at the Elm Street parking lot so that she and her husband have a spot to park when they come home from work because there are no parking spots on her street. Elias Tsekerides owns the house at 30 Elm Street and lives in Brewster, New York. Mr. Tsekerides stated that he is concerned if the applicant wants to use the right side of the property for access, they have to use his property because their property is not wide enough. There is a fence on both properties and his fence is one foot inside his property line and their fence is located on the other side of his fence. If they want to use the right side of the property, they would need to remove their fence and use part of his property to get a car through. Chairman Judge solicited additional comments from the public. There were no further comments from the public. Motion was made to close the public hearing. Moved: Judge Seconded: Lis Vote 6-0-1 Craig Lis asked how the number of required parking spots is determined for the Zoning Code. Sean McCarthy stated that a multi-family residence is required to have one parking space per dwelling unit and then a half of space for each bedroom. Mitchell Koch stated that if there were a fence on the property line between 9 Irving Place and 11 Irving Place, the driveway easement would not be usable for either property owner. Chairman Judge stated that he is concerned that there is no resolution on the permitted uses of the driveway. He agrees with Sean McCarthy on the vehicle maneuvering capabilities for space number one in the rear parking lot. Richard Hughes agreed that until the driveway easement is resolved, a decision cannot be made. 6 (ZBA 5/20/2020) �Margaret Rubick stated that there is a difference of opinion between the two neighbors on what the driveway easement can be used for and it is apparent there is a dispute without any sort of agreement. Timothy Church stated that there is a dispute between the two property owners. Even if the Board accepts that the easement exists, that cars have been parking in the backyard, that there hasn't been any legal proceedings issued by the owners of 11 Irving Place, and that the three parking spaces are allowed in the back lot; the required parking spaces will still be three spaces short. Mr. Church stated that the Board should think about whether or not to ask the applicant to resolve the easement and come back to the Board when the variance for three parking spaces in the inner village may not get approved. The proposed solution of purchasing parking spaces from other sources, would take a space from someone else and attach it to the building. It doesn't create more parking spaces. Alex MacFarlane stated that if the variance was granted, it would carry and remain with the property going forward. Craig Lis stated that variances granted remain with the property regardless of the owner. Timothy Church suggested giving the applicant an opportunity to postpone the decision in order for them to come up with a solution to the parking without taking a spot being used by another resident and attaching it to the building legally. Otherwise, he would propose to move on a motion for denial for the parking variance alone. Mr. Church stated that he doesn't have issues with granting the variances that relate to the set-backs, lot area and width, building coverage, and open space. Betsi Hill stated in the November 2019 minutes, where there was a commercial to residential conversion application, Mr. Church stated: "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. " Betsi Hill asked the Board how that situation is different from their situation and that the application was for 144 Cortlandt Street. Timothy Church stated that he would have to refer back to the application in order to answer Ms. Hill's question. Chairman Judge asked the applicant if they would like to table the decision to the next meeting in order to allow them to find another solution for the parking issue, or if they would like the Board to take a vote on the application at tonight's meeting. Betsi Hill requested that the Board table the application to next month's meeting. Motion was made to table the application to the June 17, 2020 meeting. Moved: Judge Seconded: Church Vote 6-0-1 2. Collette Weinstein, 41 Amos Street, proposed basement alteration - Public hearing 7 (ZBA 5/20/2020) �Chairman Judge read the public notice and listed the documents submitted with the application and 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. Jorge B. Hernandez is a registered architect from Fairfield Connecticut representing the applicant. Mr. Hernandez stated that the lot area of 41 Amos Street is 6,500 square feet located between the intersection of Amos Street and North Street. The applicant proposes to renovate the basement structure where a front yard set-back variance of 9.1 feet is required. The property received a variance and a Building Permit to construct a second story addition in 2012. Chairman Judge asked Sean McCarthy if there have been any issues with the property. Sean McCarthy said that there have been no issues with the property and that of the scope of proposed work will not increase the degree of the existing non-conformities. 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: Rubick 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 Motion was made by Chairman Judge to approve the area variance as requested based on the following criteria: 1. The proposed variance is minimal in size and not substantial. 2. The proposed application is not a self-created hardship due to the existing nonconformities of the property. 3. Granting of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 4. Granting of the area variances is the feasible method to achieve the benefits sought by the applicant 8 (ZBA 5/20/2020) �5. The proposed variance will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. Chairman Judge stated that the application meets the requirements for a Type II action under SEQRA 617.5. Motion was made to grant the variance as requested. Moved: Judge Seconded: Crowe Timothy Judge, Chairman - yes Richard Hughes - yes Alex McFarlane - yes Gorete Crowe - yes Margaret Rubick - yes Craig Lis - yes Timothy Church - yes Vote: 7-0 APPROVED 3. Yonatan and Naomi Rabino, 1 Manor Close, proposed additions and alterations Public hearing Chairman Judge read the public notice and listed the documents submitted in the application and asked Sean McCarthy to confirm that all of the mailing receipts have been received. Sean McCarthy confirmed that all of the mailing receipts have been received. Chairman Judge invited the applicant to present the application. Amanda Linhart is the registered architect representing the applicant. Ms. Linhart stated that the applicant proposes renovations to the existing covered porch located at the rear of the house. It is proposed to screen in the porch; replace the railings to be code compliant for children; replace the decking, and to construct an outcropping area for a grill, adjacent to the stairs, outside the covered portion of the porch. The applicant also proposes a master suite addition by adding a dormer to the second floor to expand the existing space. Ms. Linhart stated that the application requires variances for the existing non-conformities of the building related to combined side yards set-back. Chairman Judge solicited comments from the Board. Margaret Rubick stated that it appears that the proposed dormer view from the street will be minimized by trees. Craig Lis asked Ms. Linhart to confirm that the footprint of the house is not changing and that the pre-existing non-conformities of the house are due to the pie shape of the lot. 9 (ZBA 5/20/2020) �Amanda Linhart stated that they are expanding the deck for a grill outcropping so the building coverage is proposed to increase slightly but the footprint of the enclosed portion of the house is not changing. 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: Crowe Vote 7-0 Motion was made by Chairman Judge to approve the area variances as requested based on the following criteria: 1. The proposed area variances are not substantial due to the existing non-conformities of the shape of the property. 2. Granting of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to the nearby properties. 3. The proposed application is not a self-created hardship. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The proposed area variances are the feasible way to achieve the benefits sought the by the applicant. 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: Judge Seconded: Rubick Timothy Judge, Chairman - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Margaret Rubick - yes Craig Lis - yes Timothy Church - yes Vote: 7-0 APPROVED 4. Approval of minutes, January 15, 2020, February 19, 2020 10 (ZBA 5/20/2020) �Motion was made to approve the January 15, 2020 minutes. Moved: Judge Seconded: Hughes Timothy Judge, Chairman - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Margaret Rubick - yes Craig Lis - abstained Timothy Church - abstained Vote: 5-0-2 APPROVED Motion was made to approve the February 19, 2020 minutes. Moved: Judge Seconded: MacFarlane Timothy Judge, Chairman - yes Richard Hughes - yes Alex MacFarlane - yes Gorete Crowe - yes Margaret Rubick - abstained Craig Lis - abstained Timothy Church - abstained Vote: 4-0-2 APPROVED Motion was made to adjourn the meeting at 9:37 pm. Moved: Judge Seconded: Rubick Vote 7-0 Respectfully Submitted, PoavulAI, A^M Pamela Kroll Secretary to the Zoning Board of Appeals 11 (ZBA 5/20/2020) � 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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