https://sleepyhollow.localarchives.org/files/original/f1c8ef0cd7410d731dfa49129f3a9c74.pdf a6600ede4092e2c2a300afc76f5bd642 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting December 16, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairman Timothy Church. Residents could not attend in person due to the COVID- 19 pandemic, but could participate by phone and video. The Board and applicants participated by videoconferencing. Present: Timothy Church, Chairman Richard Hughes Gorete Crowe Craig Lis Margaret Rubick Sandra Tripp Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Agenda: 1) Dickerson and Jennifer Miles, 3 Terrace Close, Proposed one story addition and screened-in porch - Continued public hearing 2) Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Proposed change of usePublic hearing 3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, Block O/P, Proposed increased building heights Public hearing 4) Approval of minutes and resolutions, October 21, 2020, November 18, 2020 Chairman Church 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 hearings, 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 in the Journal News newspaper, and posting a copy on the Village website. Be advised that tonight's meeting is being aired live on cable television and streaming live on YouTube. 1. Dickerson and Jennifer Miles, 3 Terrace Close, Proposed one story addition and screened-in porch - Continued public hearing 1 (ZBA 12/16/2020) �Chairman Church stated that since there is a new Zoning Board member and Margaret Rubick was absent at the November meeting, he requested that the applicant provide a summary of the last presentation and the proposed changes to the application. Niall Cain is the architect representing the applicant. Mr. Cain stated that the proposed rear single story additions include a larger eat-in kitchen, a family room, and a screened-in porch. The revised drawings propose to narrow the addition by 1 foot resulting in a rear yard set-back request of 10 feet. Mr. Cain stated that the Board had concerns of future construction on the Phelps Memorial Hospital Property as it may relate to granting the rear yard variance. Mr. Cain stated that the Village Code requires set-backs of 300 feet for hospital structures and 50 feet for any accessory structures within the Hospital Zoning District. Currently the closest structure on the Phelps Memorial grounds is approximately 450 feet from the applicant's rear yard property line. The parking lot is setback approximately 230 feet, and the driveway is setback approximately 185 feet from the rear property line. The existing buffer, which extends at a minimum of 175 feet from the rear yard property line would remain. Mr. Cain stated that the proposed building coverage of the existing house and the proposed additions are small in relation to the maximum permitted square footage for the lot size. Mr. Cain presented the five criteria points required for review from the Zoning Board of Appeals and how they relate to granting the variances requested in the application. Chairman Church clarified the supplemental submission documents received. Chairman Church solicited comments from the Board. Gorete Crowe stated the she is glad that they scaled down the width of the proposed additions. Craig Lis stated that he appreciates the details provided on the proximity of the hospital property in relation to the applicant's property line. Dickerson Miles is the owner of 3 Terrace Close and requested that the Board consider their requested application and that it would be a good message for the Zoning Board to send to the neighbors that all reasonable additions and developments to people's houses are considered and supported in the neighborhood. Motion was made to reopen the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. Tang Di Garvey is the owner of 20 Hemlock Drive and stated that she supports the proposed additions because the applicant's side yard really serves as their backyard. The proposed rear additions will not be seen from the front of the house. Mark Kaminsky is the owner of 32 Lakeview Drive and stated that he supports the proposed application and that the proposed additions will enhance the home and will not be visible to the neighbors. 2 (ZBA 12/16/2020) �There were no further comments from the public. Motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Motion was made by Chairman Church to approve the area variances based on the following criteria: 1. Granting of the area variances will not be detrimental to the character of the neighborhood as the proposed additions will not be visible to the general public, and property owners in the neighborhood have voiced their support of the proposed application. If the additions were proposed on the side yards or the front yard of the property, variances would not be required and it would create an undesirable change to the neighborhood. 2. The requested variances are not substantial in relation to the permitted building square footage for the lot. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicants, as the additions in another location would have a greater impact on the neighboring properties. 4. The requested variances are a self-created hardship but due to the unusual configuration of the existing lot, it is not the only consideration the Board evaluates for granting of area variances. 5. Granting of the area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. Chairman Church stated that the application meets the requirements for a Type II action under SEQRA 617.5. Margaret Rubick stated that the applicants have demonstrated that they are proposing the best solution for a pie shaped lot. Phelps Hospital does not object to the application and the neighbors have provided their support. It was an act of good faith for the applicant to reduce the requested variance by one foot. Motion was made to approve the variances as requested. Moved: Church Seconded: Rubick Timothy Church, Chairman- yes Richard Hughes - yes Gorete Crowe - yes Margaret Rubick - yes Sandra Tripp - yes 3 (ZBA 12/16/2020) �Craig Lis - yes Vote: 6-0 APPROVED 2. Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Proposed change of use, Public hearing Chairman Church read the public notice, 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 the notice was provided to the applicant and the proof of notice was submitted to the Building Department. Chairman Church invited the application to present the application. Kyle McGovern is an attorney from the law firm of Lyons McGovern LLP representing the applicant. Mr. McGovern stated that they propose to revitalize three underutilized commercial properties on Beekman Avenue where the existing Tomkins Mahopac Band, a professional offices building, and the Post Office are located. They propose to continue the commercial uses of the first floors and convert the upper levels to residential uses by constructing (16) rental apartment units at 47 and 49 Beekman Avenue. There are no proposed changes to the Post Office at 45 Beekman Avenue. The application will require a change of use from commercial use buildings to mixed-use buildings as a permitted use in the C-2 Zoning district. The proposed improvements will stay entirely within the current footprint of the existing buildings. Improvements are proposed to the exteriors of the buildings. The proposed project is consistent with the Sleepy Hollow Comprehensive Plan. The units will be targeted towards young professionals. Mr. McGovern stated that the Tompkins Mahopac Bank will remain in the front part of the first floor of the 49 Beekman Avenue building and that they propose to construct (2) one bedroom apartments on the first floor and (4) one bedroom apartments, (1) two bedroom apartment, and (1) studio apartment on the second floor. The first floor of 47 Beekman Avenue will remain as professional offices and they propose to construct (4) apartments on the second floor and (4) apartments on the third floor. David Mooney is the architect representing the applicant. Mr. Mooney shared the floor plans and elevation drawings for 47 and 49 Beekman Avenue and summarized the proposed apartments configurations and locations. Mr. Mooney stated that the existing parking layout included (43) parking spaces, which did not meet the size of the municipal requirements for handicap accessible spaces. In the proposed parking plan, the number of parking spaces was reduced to (39) parking spaces in order to create (2) handicap spaces and added enclosed refuse areas for garbage and recycling. The new plan requires a variance for (4) parking spaces. Kyle McGovern stated that the requested variance for (4) parking spaces is not substantial based on the number of existing parking spaces and because the commercial spaces that are used during the day will be available to the residential tenants at night and on weekends. The existing lot at 45 Beekman Avenue has never provided a loading zone and the Sleepy Hollow Post Office has never needed one since it is a satellite office for the Tarrytown Post Office. The commercial 4 (ZBA 12/16/2020) �uses for the properties is not a heavy industrial use and will not warrant the need for a loading zone. The existing lot layouts should be sufficient for residential deliveries. It was determined by the Planning Board that this application requires a variance for landscape screening at the rear of the parking lot. The existing parking lot was built in 1963 and is a pre-existing nonconforming use. Currently there is a fence that runs along the property line between the back lot and the multi-family residence. A large portion of the fence line is adjacent and adjoining to the parking lot of the existing multi-family residence. They are willing to add screening to the fence to minimize the view from the multi-family building. Chairman Church asked for the height of the existing fence. David Mooney shared a photo of the existing site and stated that the existing fence is approximately five feet high. They propose to replace the fence with a chain link fence that includes a vinyl weave pattern to provide some screening between the two parking lots. Chairman Church asked for the maximum height permitted for the fence. Sean McCarthy stated that the fence is permitted to be 6 feet high. Chairman Church asked if a condition of granting the variance could include providing a 6-foot high fence along the property line of the two parking lots. Gorete Crowe asked if approving a 6-foot fence could create a problem for the Zoning Board. Sean McCarthy stated a 6 foot high fence is permitted. The existing fence is not 6 feet and the question is if the Zoning Board wants to impose a condition of the variance to require the applicant to change the height and the material of the fence so the fence does not interfere with the sight line exiting the parking lot. Richard Hughes stated that a 6-foot fence would provide good privacy for both properties. Margaret Rubick agreed with the variance condition for replacing the fence. Ms. Rubick asked for details of the adjacent multi-family residence and how the parking lot is accessed. Sean McCarthy stated that the residence contains five residential apartments with access to the parking lot from North Washington Street. Gorete Crowe questioned if a fence would be required at the property to the right. Chairman Church asked Sean McCarthy if the screening is only required on the north side of the property. Sean McCarthy stated that screening requirement is only applicable to the north side of the property that abuts the residential district. 5 (ZBA 12/16/2020) �Chairman Church stated that the applicant is requesting a variance approval for the lack of fence or hedge on the north side of the property. Kyle McGovern stated that they are seeking the variance for the area at the rear of the parking lot where it abuts a residential property. Richard Hughes asked if the refuse area is proposed in the parking lot area. David Mooney stated that the area of the parking lot will contain the enclosed refuse area. Kyle McGovern stated that although they are proposing (2) residential apartments on the first floor of 49 Beekman Avenue, the entrances for the residential apartments is from North Washington Street and the commercial space entrances are on Beekman Avenue. Craig Lis requested for a more detailed explanation of the regulation in the required variance and if there are safety issues related to the requirement. Sean McCarthy stated that the current regulations limit the commercial use to the first floors and the residential uses to the second and third floors. The regulation was created to keep consistency with the separation of uses. The Zoning Board has granted variances for this type of application in the past. Margaret Rubick questioned how the lack of a loading zone would be addressed if a commercial entity other than the bank utilized the commercial space. Sean McCarthy stated a change of use would require review and approval by the Planning Board and that the loading zones and parking requirements would be evaluated for possible conditions or restrictions. If a future use had a demand for more parking, the application would also have to be reviewed by the Zoning Board. Gorete Crowe asked if the existing door to the basement level would remain at the 49 Beekman Avenue building. David Mooney stated that the basement level would be utilized for tenant storage areas and that the existing door would remain. Richard Hughes stated that he is concerned about granting the variance for the parking spaces and that granting the variance for the ground floor residential apartments will create a precedent. Kyle McGovern stated that having the two separate entrances will not create a bad precedent for this building. Chairman Church stated that the residential units will be more in keeping with the character of the North Washington Street residential neighborhood and would constitute an improvement to that part of the building. 6 (ZBA 12/16/2020) �Kyle McGovern stated that there are (43) existing parking spaces in the lot and that the spaces lost are due to creating the code required correct size parking spaces and an enclosure for the garbage receptacle area that will be more ascetically pleasing for the tenants. Sandra Tripp asked if the proposed designs for the first floor apartments have been considered to be made ADA accessible. David Mooney stated that the first floor apartments will be constructed to be handicap adaptable by providing the proper door clearances and additional structural supports that would allow minor modifications to be made if a handicap tenant were to rent the unit. Richard Hughes asked what the average rental cost would be for the units. Kyle McGovern stated that the rents will be market based and will not be affordable housing. Kyle McGovern stated the proposed application will not create an undesirable change to the character of the neighborhood. Keeping the commercial components on Beekman Avenue and creating a residential environment on North Washington Street will enhance the area. The requested parking variance is not substantial based on the number of parking spaces provided and the anticipated uses during the day and evenings. The intended mixed uses will not increase the need for a loading zone and the existing parking lot can handle potential deliveries. There have been other applications in which residential use has been permitted on the first floor. The applicant was unable to identify alternative methods for the requested variances and off-street parking is difficult in all river town villages. Moving the fence to create the required buffer area would result in the loss of 15 parking spaces. Approval of the application will not result in any adverse physical or environmental conditions to the neighborhood. As directed by the Planning Board's engineers, they propose to clear the drainage areas in the parking lot. Motion was made to open the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the public. Rachael Ricker lives at 255 North Washington Street. She stated that her house looks into the parking lot and she is concerned about the loss of parking spaces since she doesn't have a driveway. Chairman Church stated that the Zoning Board received her comment letter. (see exhibit #1) Motion was made to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Motion was made by Chairman Church to approve the area variances as requested based on the following criteria: 7 (ZBA 12/16/2020) �1. Granting of the area variances will not be detriment to the character of the neighborhood as the proposed first floor residential apartments in the 49 Beekman Avenue Building will provide for ADA accessible adaptable units; and the separate entrance on North Washington Street will allow for more consistency in that area. Granting of the variance will not bound the Board to a precedent based on the decisions of one application. The proposed construction of residential apartments above commercial spaces is in keeping with the character of the neighborhood. 2. The requested variance for the loading zone is not substantial as the absence of a loading zone is a pre-existing condition and any future change of use would require Planning Board approval. The parking lot may also be used for deliveries in lieu of using the street if needed. The requested variance for the reduction in the parking spaces is not substantial in relation to the number of spaces provided in the lot, and the requirement to create code compliant size spaces has been created for the residents. Granting a variance to eliminate the required setbacks and the landscape buffer required where a mixed-use structure abuts a residential district is not substantial as the existing parking lot was built in 1963, is a pre-existing non-conforming use, and if enforced would eliminate (15) existing parking spaces. A condition will be imposed to replace the existing fence with a 6 foot fence with vinyl screening to provide privacy for the adjacent parking lot. Chairman Church stated that the application meets the requirements under SEQRA 617.5. Chairman Church solicited comments from the Board. Craig Lis stated that he agrees with approving the variances as the loading zone has never existed, parking has been an ongoing issue in the Village, and it would be beneficial for the Village to permit the redevelopment of vacant spaces and create residential opportunities. Chairman Church stated the granting of the area variances will include the following condition: 1. New fencing will be installed along the north side of the parking lot as determined by the Village Architect, the Village Engineer, and the Planning Board. Motion was made to approve the variances as requested. Moved: Church Seconded: Crowe Timothy Church, Chairman- yes Richard Hughes - yes Gorete Crowe - yes Margaret Rubick - yes 8 (ZBA 12/16/2020) �Sandra Tripp - yes Craig Lis - yes Vote: 6-0 APPROVED 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, Block O/P, Proposed increased building heights - Public hearing Chairman Church read the public notice, 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 the notice was provided to the applicant and the proof of notice was submitted to the Building Department. Chairman Church invited the application to present the application. Janet Giris is a partner with DelBello Donnellan Weingarten Wise & Wiederkehr, LLC representing the applicant. Ms. Giris provided a history of the height restrictions established for the proposed development areas within the 300-foot wide reduced height zone for the west and east parcel projects. Ms. Giris stated that the applicant is seeking approval to construct three townhome units with an increased building height of 42.0 feet to 48.0 feet. Andrew Tung is an associate with Divney Tung Schwalbe LLP representing the applicant. Mr. Tung shared an aerial photograph of the Edge-on-Hudson site and provided an overview of the completed and planned construction. Mr. Tung stated that a variance was previously approved by the Zoning Board in 2015 for the same increased building heights in Block-I, and in 2018 for Block-J and Block-E. Mr. Tung shared illustrations and described the locations of the 300-foot wide restricted height zones created in the Riverfront District, and the area where the requested variance is proposed. Chairman Church solicited comments from the Board. Sandra Tripp asked Sean McCarthy to explain the reasons for the 42 foot height restriction. Sean McCarthy stated that the 300- foot wide 42-foot building height restriction west of the Metro-North Railroad tracks was created when a residential development was proposed on the East Parcel, to give the units a better westerly view. In 2014 it was decided that it would no longer be necessary since there would not be a residential development proposed on the East Parcel. Gorete Crowe questioned why the increased height is proposed. Janet Giris stated that the proposed increased height will allow the developer to construct each of the stories with 9-foot heights and increase the marketability of the units. The additional height will not be perceptible from the street level as the top of the building is stepped back. 9 (ZBA 12/16/2020) �Andrew Tung stated that the proposed buildings will face the street and that the fourth floor will step back from the fa9ade so it will be perceived as a three-story townhome. Margaret Rubick questioned if the variance is only requested for three townhome units. Janet Giris stated that Margaret Rubick is correct. Sean McCarthy stated that the balance of the townhouse block is permitted to go up to 65 feet in height. Mr. McCarthy stated that a ceiling height lower than 9 feet would be out of proportion to the designs of the units. Richard Hughes questioned why 9-foot ceiling heights were not anticipated in the early designs of the project as they relate to the height restrictions put in place. Peter Chavkin is the Managing Partner of Biddle Real Estate Ventures and stated that the Zoning regulations were created prior to the development plans for the East Parcel and prior to the full development of the Edge-on-Hudson project and market needs. Janet Giris stated that there are only three units within Block O/P that are within the 300-foot wide restriction zone and the rational for the restriction no longer exists. Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and stated that the zone restrictions were developed prior to his involvement in the project over twenty years ago and that there are no townhomes less than 48 feet in height. The proposed variance is required to fulfill the market conditions. They will not request a variance until it is needed. Sandra Tripp asked Jonathan Stein if other variance requests are anticipated in the future of the development. Jonathan Stein stated that building heights in the restricted zone have not been approved for over 48-foot heights and that they do not anticipate requesting a variance for higher then the permitted 65-foot height in the balance of the development. Peter Chavkin stated that they do anticipate requesting additional variances for 48-foot townhome unit heights for the balance of Block O/P in the restricted zone but that they must submit a site plan application to the Planning Board before applying to the Zoning Board of Appeals. Motion was made to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairperson Church solicited comments from the public. There were no comments from the public. 10 (ZBA 12/16/2020) �Motion was made to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Motion was made by Chairman Church to approve the area variances as requested based on the following criteria: 1. Granting of the area variance will not be detriment to the character of the neighborhood as the variance only effects three buildings within the 300-foot restricted zone and the variance for the 48-foot height restriction would be consistent with the surrounding buildings. 2. The requested variance is not substantial in relation to the variances granted in the past for the development. 3. Granting of the area variance is the feasible method to achieve the benefits sought by the applicant to construct four story units with 9-foot ceiling heights. 4. The requested variance is a self-created hardship but the restrictions are no longer applicable to the proposed application. 5. Granting of the area variance will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood Chairman Church stated that the application meets the requirements under SEQRA 617.5. Motion was made to approve the variances as requested. Moved: Church Seconded: Rubick Timothy Church, Chairman- yes Richard Hughes - yes Gorete Crowe - yes Margaret Rubick - yes Sandra Tripp - yes Craig Lis - yes Vote: 6-0 APPROVED 4. Approval of minutes and resolutions, October 21, 2020 and November 18, 2020 Motion was made to approve the October 21, 2020 minutes. Moved: Church Seconded: Rubick Timothy Church, Chairman- yes Richard Hughes - yes Gorete Crowe - yes Margaret Rubick - yes Sandra Tripp - abstained 11 (ZBA 12/16/2020) �Craig Lis - yes Vote: 5-0-1 APPROVED Motion was made to approve the November 18, 2020 minutes. Moved: Church Seconded: Lis Timothy Church, Chairman- yes Richard Hughes - yes Gorete Crowe - yes Margaret Rubick - yes Sandra Tripp - abstained Craig Lis - yes Vote: 5-0-1 APPROVED Motion was made to approve the resolutions from the October 21, 2020 meeting. Moved: Church Seconded: Crowe Timothy Church, Chairman- yes Richard Hughes - yes Gorete Crowe - yes Margaret Rubick - yes Sandra Tripp - abstained Craig Lis - yes Vote: 5-0-1 APPROVED Motion was made to adjourn the meeting at 10:13 pm. Moved: Church Seconded: Hughes Vote 6-0 Respectfully Submitted, PaJsyuL&v / y t ^ ^ 7 Pamela Kroll Secretary to the Zoning Board of Appeals 12 (ZBA 12/16/2020) �EXHIBIT #1 From: To: Subject: Date: Pamela Kroll Pamela Kroll Comments from 225 North Washington Street Wednesday, December 16, 2020 12:03:41 PM From: rachael ricker <rachaelkricker@gmail.com> Sent: Wednesday, December 16, 2020 10:40 AM To: Sean McCarthy <smccarthy@sleepyhollowny.org> Subject: comments for Zoning/Planning Board To Whom it May Concern: I learned about the new Beekman Avenue development at the board meeting last month and also received notice in the mail. As a direct neighbor to the new development, I'm excited about the improvements that will be made to the buildings and I look forward to welcoming new neighbors to the inner-village. I do, however, think this presents an opportunity for the village to reevaluate the current parking situation in the inner-village. The parking lot behind 45 Beekman (prior to covid) has been heavily used during the daytime and also into the night- primarily by people coming to the restaurants and bars in the area. Once this parking lot becomes primarily residential- particularly in the evenings when residents will be home- where will people frequenting bars and restaurants park? If the expectation is that they will park on the street, the village should reserve street parking spaces for residents in the downtown commercial district either by creating a street permit parking program or by making the municipal lots more accessible. The municipal lot near Barnhardt is too far away to alleviate parking concerns in the Upper Beekman Area and the permit spaces in the lot across from Village Hall are only available 6pm8am. I am excited about this development and I think this is an opportunity for the village to consider taking steps now to alleviate the parking crunch that will inevitably happen. We love Sleepy Hollow and appreciate all that you do to make it a better place. Sincerely, Rachael Ricker 255 N Washington Street B � 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_2020-12-16_Approved 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