https://sleepyhollow.localarchives.org/files/original/2fb575db0b97c22a680c292dd91351f0.pdf 5d36d4ae7f614e1dead718bf8dcf64ef PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 18, 2020 Chairman Timothy Church called the meeting to order at 8:00 pm. Present: Timothy Church, Chairman Richard Hughes Gorete Crowe Craig Lis Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Margaret Rubick Agenda: 1) Dickerson and Jennifer Miles, 3 Terrace Close, Proposed one story addition and screened-in porch -Public hearing 2) Approval of minutes, October 21, 2020 1. Dickerson and Jennifer Miles, 3 Terrace Close, Proposed one story addition and screened-in porch - Public hearing Chairman Church read the public notice and listed the documents submitted with the application. Chairman Church stated that a letter was received tonight from Niall Cain dated November 17, 2020. Letters were also received from Phelps Hospital, Marie and Robert Guarnieri of 1 Terrace Close, Joan Levy and Richard Weiss of 2 Terrace Close, and Arthur Brady of 41 Hemlock Drive. (See attached exhibits) Chairman Church 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 Church stated that since there are only four members of the Board present, the vote must be unanimous to make any decisions. The applicant will have the option to adjourn the hearing until the next meeting. Chairman Church invited the applicant to present the application. Niall Cain is the architect representing the applicant. Mr. Cain presented the survey and stated that the lot is an unusual size. The property is located adjacent to Phelps Hospital with a wooded area behind the house and a parking area beyond. Mr. Cain stated that the proposed rear 1 (ZBA 11/18/2020) �additions will not be visible from the street or the adjacent neighboring properties on each side. Mr. Cain presented photographs of the existing house. Mr. Cain presented the existing and the proposed floor plans and elevation drawings and stated that the proposed single story additions will include a larger kitchen and the conversion of the existing kitchen into a mudroom and a butler's pantry. The proposed additions will also include a family room and a screened-in-porch to the west. Mr. Cain stated that the proposed additions will not adversely affect the character of the neighborhood or be a detriment to the nearby properties. The benefit sought by the applicant is the only feasible way to connect a new kitchen to the existing dining room; and putting the additions on the rear of the house is less intrusive or visible from the adjacent neighbors or the street. Chairman Church stated if the additions were proposed to the west they may not require a variance for the side yard set-back. Niall Cain stated that it would not make sense to have the kitchen on the other side of the house, away from the existing dining room. Mr. Cain stated that although the requested rear yard setback variance is substantial, the building coverage of the existing house and the proposed addition is only 14 percent or 3,526 square feet, and is well under the maximum 20 percent or 5,173 permitted square feet according to the Zoning regulations. Chairman Church questioned the existing conditions of the rear yard. Niall Cain stated that the existing rear yard is a strip of land that is dense and shaded. The unusual configuration of the existing lot creates a difficulty and should not be considered a selfcreated hardship. Chairman Church asked if the existing rear yard is grass. Niall Cain presented the photographs of the rear of the house and stated that it is not currently used as a rear yard for the property. Chairman Church asked if there are utilities running through the back yard. Niall Cain stated there are no utility lines running through the backyard or from the Phelps property and that it would be verified prior to any construction. Chairman Church stated that the front yard set-back is 25 feet and that the house is 38.5 feet away from the front yard set-back. There is a 15 foot side yard set-back from the west and a substantial side yard set-back on the east side which would allow them make the house substantially bigger. The applicants are proposing rear additions that would only potentially be seen by the adjacent property owners and will not be visible to a resident in the rear as the property is owned by Phelps Memorial Hospital. Niall Cain stated that Phelps Memorial Hospital has submitted a letter stating that they have no issues with the proposed additions and that the neighbors from the east and west have no objections. 2 (ZBA 11/18/2020) �Chairman Church stated that the proposed rear additions will not cause any environmental impact to the neighborhood as they will not be constructed in the wetlands. Niall Cain stated that there are no environmental considerations related to the proposed additions. Chairman Church solicited comments from the Board. Gorete Crowe stated that she is concerned that Phelps Memorial Hospital may want to expand the parking area in the future and that if the proposed variances are approved, there will only be nine feet between the applicants' house and the Phelps property, separated only by trees. Niall Cain stated that the proximity to the existing trees are not an issue and that they are not proposing to remove any trees on the property for the proposed additions. Mr. Cain stated that based on the letter that Phelps submitted, it would seem that they do not anticipate future construction that may impact the approval of the proposed additions. Dickerson Miles is the owner of 3 Terrace Close and stated that one of the reasons for the design of the proposed rear addition is to shift the current views of the hospital property from the living room and the kitchen to the east and the west by installing smaller high windows towards the north. Niall Cain stated that the proposed additions will benefit privacy in a positive way. Richard Hughes asked Niall Cain for the distance from the rear property line to the existing driveway that belongs to Phelps Memorial Hospital. Niall Cain stated that the rear property line to the Phelps Hospital driveway is approximately a few hundred feet and that due to the wooded areas in between, the driveway is not visible from the applicants' property line. Chairman Church stated that he is not sure that the wooded area between the applicants' property and Phelps Memorial Hospital is permitted for legal development. Craig Lis stated that although 9 feet seems substantial, every regulation does not fit every exact situation and that is where the role of the Zoning Board of Appeals comes in. Mr. Lis asked for confirmation that 3 Terrace Close is a dead end street and that there is currently one neighbor on each side and a wooded area in the back of the house. Niall Cain stated that the house is on a dead end street with two neighbors on the sides and a wooded area in the back. Chairman Church stated that if the additions were proposed on the front or the sides of the house it would create more of an aesthetic burden on the neighborhood. Motion was made to open the public hearing. Moved: Church Seconded: Hughes 3 Vote 4-0 (ZBA 11/18/2020) �Chairman Church solicited comments from the public. Marie Guarnieri is the owner of 1 Terrace Close and stated that the proposed additions would be barely visible from the far rear yard of their property. Mrs. Guarnieri stated that Phelps Memorial Hospital would need to tear down the existing parking lot to further develop the area behind the applicants' house because the wooded area is not level and overgrown. Mrs. Guarnieri stated that she supports the approval of the application. Katrina Lempenski is the owner of 4 Terrace Close and stated that her property is diagonal to the Miles residence. Mrs. Lempenski stated that she is unable to see their house from her property and that she supports the approval of the application. Mrs. Lempenski stated that she thinks it is important for the Zoning Board to demonstrate their willingness to hear cases like this and that there is flexibility for working on homes that are purchased in Sleepy Hollow. There were no further comments from the public. Motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 4-0 Chairman Judge solicited comments from the Board. Gorete Crowe stated that she has concerns in granting the variance for the 9 feet and if the Board approves the application it may create a precedence for future homes in the area. Craig Lis stated that there should be considerations related to where the proposed additions will abut, the size of the existing property, and where the house sits on the property. Niall Cain stated that setting precedence is important but that the Board should take into account that the condition of this property and its visibility creates different circumstances that need to be considered. Jennifer Miles is the owner of 3 Terrace Close and stated that they are requesting that an exception be made outside of the normal Zoning regulations of the required rear yard set-back of 25 feet because their lot size is irregular and the backyard is not useful to them. Richard Hughes stated that the Zoning Board of Appeals will be responsible for defending the precedent in future applications. Jennifer Miles stated that every application should stand on its own based on the situation, and requested that the circumstances are taken into account with their decision without creating a precedent. Craig Lis stated that exceptions for pie shaped properties have been made in the past without creating an issue of precedent because it was a unique shaped lot. 4 (ZBA 11/18/2020) �Chairman Church stated that the property is a narrow width lot with lengthy side yards, and where they propose the rear yard additions are not towards someone else's back yard but in the back of a commercial property that most likely will not be developed in the future, but should not be speculated. The proposed additions will not create an undesirable change in the neighborhood. If the application is proposed in another area of the property, it will have more of an adverse impact on the neighborhood as it will be visible from the street and or the adjacent neighboring properties. Chairman Church stated that the requested variances are not substantial because although they are building out the footprint of the house, they are not exceeding the permitted building square footage for the size of the lot. There are not any environmental conditions effected by the proposed application. Chairman Church stated that the proposed application is the most reasonable and minimal way for the applicant to achieve their goals. Chairman Church stated that the application meets four out of the five criteria requirements. He stated that the proposed variances are self-created hardships but it is not the only consideration made by the Board when they evaluate area variances. Chairman Church stated that he would support the application but that they need to be fair to the applicant and let them decide if they would like the Zoning Board to take a vote tonight. If the Board denies the application tonight, the applicant would be required to wait six months before re-submitting the application or the applicant can choose to defer the Zoning Board vote to the December meeting when there may be more members present. Sean McCarthy stated that the applicant is permitted to come back before the Zoning Board of Appeals prior to six months if the application is significantly changed. Niall Cain asked Chairman Church how many members are currently on the Zoning Board of Appeals. Chairman Church stated that the Zoning Board of Appeals usually has seven members but that there are currently only five members since two members have departed. Dickerson Miles asked Chairman Church what sort of revision would be required to come back to the Board in a months' time. Chairman Church stated that the applicant is permitted to defer the decision to the December meeting without any changes to the application. If the vote is denied, then the application would have to be significantly changed in order to come back before the Board prior to six months. Dickerson Miles requested that the decision be deferred to the December meeting. Sean McCarthy suggested that the applicant submit documents before the next meeting to justify the reasons why they are proposing a rear yard-set back of 15 feet in order to assist the Zoning Board with their decision. Chairman Church suggested that the applicant also provide more insight on the abutting Phelps Memorial Hospital property and their ability to develop the wooded areas. Niall Cain stated that he will research the set-back requirements that Phelps Memorial Hospital would need in order to further development their property. 5 (ZBA 11/18/2020) �Sean McCarthy suggested that the applicant submit examples of other properties on cul-de-sacs where a similar situation may occur to also assist the Board with their decision. Discussion ensued on speculating future development of the Phelps Memorial Hospital property. Motion was made to defer the decision to the December 16, 2020 meeting. Moved: Church Seconded: Crowe Vote 4-0 Sean McCarthy stated that due to the current COVID-19 pandemic conditions the December meeting will be held via video-conferencing. 2. Approval of minutes - October 21, 2020 Chairman Church asked if the minutes and the resolution was reviewed by Clinton Smith, the Village Attorney. Pamela Kroll stated that minutes and the resolutions were sent to Clinton Smith but that they have not received comments from him. Motion was made to defer the approval of the October 21, 2020 minutes and resolutions to the December 16, 2020 meeting. Moved: Church Seconded: Lis Vote 4-0 Motion was made to adjourn the meeting at 8:46 pm. Moved: Church Seconded: Hughes Vote 4-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 6 (ZBA 11/18/2020) �EXHIBIT #1 ; :: Phelps Hospital W Northwell Health- RECEIVED NOV 1 7 2020 BUILDING DEPT. VILLAGE O c SLS.EPY HOLLOW November 17, 2020 Members of the Zoning Board of Appeals: 1 am in receipt and have reviewed the contents of a public notice letter referring to the construction of a one story addition and screened-in porch to the existing single family residence located at 3 Terrace Close in Sleepy Hollow, NY. Additionally. I reviewed the application and accompanying construction documents available from the village website and find that on behalf of Phelps Hospital, have no additional comments related to this hearing. Thank you Sincerely, 701 North Broadway Sleepy Hollow, NY 10591 701 North Broadway I Sleepy Hollow, NY 10591 I Tel (914) 366-1010 I www.phelps.northwell.edu �EXHIBIT #2 RECL-VED M a r i e & Robert Guarnieri ^ O y ^ g ; Q20 1 Terrace Close Sleepy H o l l o w , NY 1 0 5 9 1 BUILDING D November 15,2020 Zoning Board of Appeals 28 Beekman Avenue Sleepy Hollow, NY 10591 To Che Members of the Sleepy Hollow Zoning Board of Appeals, This letter is to affirm support for the zoning variance application to allow a nonconfirming set-back at the rear of their property, submitted by Jennifer and Dickerson Miles for their property at 3 Terrace Close, Sleepy Hollow, NY. As their closest neighbors, residing at 1 Terrace Close, directly to their east, we are in full support of granting the variance, as we see no adverse impact on us or on the neighborhood. On the contrary, as neighbors we are invested in seeing updates and improvements to surrounding properties. We have been made aware that a neighbor on Hemlock Drive has expressed concerns that granting of the variance for Mr. and Mrs. Miles could set a precedent. As property owners who ourselves have been granted a variance for a renovation project, we understand that a variance is, of course, an exception to a rule and thus does not have to lead to a precedent. We hope that the Board will consider our support of Mr. and Mrs. Miles' application and request that this letter be included as part of the application record. We further hope that the Board will grant their application. Best Regards, s/Marie Guarnieri s/Robert Guarnieri R. VILLAGE OF SLEEPY HOLLOW �EXHIBIT #3 Joan £. Levy/RichardD. 'Weiss 2 Terrace Close SCee_p\j J-CoCCow, New \)ork 10591 ricfiard~.cCougCas.weiss@gmaiC.com RECEIVED NOV 1 5 2020 BUILDING DEPT. VILLAGE OF 3LSEPY HOLLOW November 15.2020 Zoning Board of Appeals 28 Beekman Avenue Sleepy Hollow, NY 10591 To the Members of the Sleepy Hollow Zoning Board of Appeals, We are writing in support of the application of Jennifer and Dickerson Miles for a zoning variance for their property located at 3 Terrace Close. Sleepy Hollow, NY. Mr. and Mrs. Miles have asked for a zoning variance to allow a non-conforming set-hack at the rear of their property. We own the property at 2 Terrace Close, directly opposite the Miles' residence. We understand that a neighbor residing on Hemlock Drive has expressed concerns that the granting of the requested variance could create an adverse precedent for other properties in the area. While I understand the concerns expressed by this neighbor, as this Board very well knows, a variance is. by its nature, an exception, not a rezoning. In considering a variance application, this Board will presumably consider the impact of the request on other neighboring properties. In this case, as the owners of one of the properties nearest the affected site, it is our view that this request, if granted, will have no adverse impact on our property or on our neighborhood. Perhaps, if additional comfort is needed, the Board can explicitly include in any grant a reminder that the grant is not intended to. and does not, have any precedential effect. We therefore request that this letter in support of the Miles* application be included as part of the application record and hope that the Board will approve the application. Very truly yours, s/Joan L. Levy (Weiss) s/Richard D. Weiss �EXHIBIT #4 RECEIVED ARTHUR R. BRADY 41 Hemlock Drive Sleepy Hollow, New York 10591 NOV 0 6 2020 BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW November 5, 2020 Sleepy Hollow Zoning Board of Appeals 28 Beekman Avenue Sleepy Hollow, New York 10591 RE: Dickerson and Jennifer Miles 3 Terrace Close Dear Sirs I submit this letter in connection with the above referenced zoning matter scheduled for November 18, 2020. As a neighbor, I am concerned about the variance application's substantial deviation from the set back requirement distances. Specifically, the required minimum rear yard set back distance of 25 feet, versus the proposed 9 feet by the applicants. I recognize their rear yard only directly affects Phelps Memorial Hospital and has no front yard sight issue. However, my concern would be the potential precedent of setting a 9 feet rear yard variance for the neighborhood. Why have a zoning code with minimum set back requirements if you permit this substantial variance (i.e. approximately 64% deviation) based on a self imposed hardship? It is hoped this Board addresses my concerns and submits this letter as part of the record. Thank you for your consideration in this matter. Very truly yours, � 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-2020 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_2020-11-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 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