https://sleepyhollow.localarchives.org/files/original/2b2cf6f2bdd24a4e1aed0bc964d6aa3b.pdf aea2ae89889bf91757d4808851262b28 PDF Text Text RESOLUTION Adopted at the December 16,2020 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Change of Use LOCATION: 45,47,49 Beekman Avenue TAX MAP DESIGNATION: Section 115.11, Block 3, Lots 27, 28, and 29 ZONING DISTRICT: C-2 WHEREAS, on November 16,2020 an application was submitted by Sleepy Hollow Associates, LLC as contract vendee, (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to convert part of the existing commercial spaces to (16) residential apartments (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 VII, Section 450-41.E. of the Zoning Code, Supplementary Regulations, Off-street parking and loading spaces, Required parking spaces, where the number of required parking spaces is (43), the existing number of parking spaces is (43) and the proposed number of parking spaces is (39); and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-41.F of the Zoning Code, Supplementary Regulations, Off-street parking and loading spaces, Required loading spaces, where the one loading zone is required, and there is no loading zone proposed; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-41.D. (1) of the Zoning Code, Supplementary Regulations, Off-street parking and loading spaces, where off-street parking areas for three or more vehicles shall be effectively screened by a fence or hedge, where no screening is proposed; and WHEREAS, the Applicant is seeking a variance from Article VIII, Section 450-51.C. of the Zoning Code, Supplementary Regulations Applicable to Specific Uses Mixed-use (commercial and residential) developments, where the non-residential uses of a mixed-use building shall be limited to the first story level of a building, where (2) apartments are proposed on the first floor level, at the rear of 49 Beekman Avenue; and WHEREAS, the ZBA has reviewed the.following documents for consideration as well as the oral presentations to the ZBA: 1. Table of Contents prepared by David W. Mooney, architect Page 1 of 4 �2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Narrative application letter prepared by Kyle C. McGovern Zoning Compliance Form prepared by David Mooney Zoning Board Application Part 1 of 4 signed by David Mooney Zoning Board Application Parts 3 & 4 signed by Philip Adler Short Environmental Assessment Form, Part 1-Project Information signed by David Mooney Property Deeds for 45-49 Beekman Avenue Photographs of existing conditions Property owners within 200 feet of the properties Property survey prepared by Ward Carpenter Engineers, Inc. dated February 15,2020 Architectural Drawings prepared by David Mooney dated November 4,2020 to include: a) SI- Site Plan Existing b) S2- Proposed Site Plan c) A-1.0- 49 Beekman Avenue Existing Basement Floor Plan d) A-2.0- 49 Beekman Avenue Existing First Floor Plan e) A-3.0- 49 Beekman Avenue Existing Second Floor Plan f) A-4.0- 49 Beekman Avenue Proposed First Floor Plan g) A-5.0- 49 Beekman Avenue Proposed Second Floor Plan h) A-6.0- 49 Beekman Avenue Elevations i) A-7.0- 47 Beekman Avenue Existing Basement Floor Plan j) A-8.0- 47 Beekman Avenue Existing First Floor Plan k) A-9.0- 47 Beekman Avenue Existing Second Floor Plan I) A-10.0- 47 Beekman Avenue Existing Third Floor Plan m) A-11.0- 47 Beekman Avenue Proposed Second Floor Plan n) A-12.0- 47 Beekman Avenue Proposed Third Floor Plan o) A-13.0- 47 Beekman Avenue Elevations 12. Supplemental submission letter prepared by Kyle McGovern dated December 8,2020 13. Comment letter received via email from Rachael Ricker, owner of 255 North Washington Street, dated December 16,2020 WHEREAS, the ZBA held a duly noticed public hearing on December 16,2020, via Zoom Webinar, to hear and consider the application; and WHEREAS, testimony was received from Kyle McGovern, an attorney from Lyons McGovern LLP, on behalf of the applicant, stating that the proposal is to continue the commercial uses on the first floors of 45,47, and 49 Beekman Avenue and to construct (16) residential rental apartment units at 47 and 49 Beekman Avenue. The proposed improvements will stay entirely within the current footprint of the existing structures and will include facade improvements to the exteriors of the buildings. The proposed project is consistent with the Sleepy Hollow Comprehensive Plan and the units will be targeted towards young professionals at market based rental costs. The proposed first floor apartments at 49 Beekman Avenue will have separate entrances on North Washington Street. The residential uses will not increase the need for a loading zone and the existing parking lot can handle deliveries. Moving the existing fence to create the required buffer area would result in the loss of (15) parking spaces in the pre-existing nonforming parking lot; and Page 2 of 4 �WHEREAS, testimony was received from David Mooney, architect on behalf of the applicant, stating the reduced number of parking spaces from the (43) to (39) in the proposed parking layout plan is necessary to create (2) code compliant sized handicap parking spaces, and the enclosed refuse areas for the garbage and recycling. Screening is proposed to be installed to the existing fencing that runs along the property line between the back parking lot and the neighboring multi-family residence to provide screening between the two parking lots. The proposed units, located at the ground floor level of 49 Beekman Avenue, will be ADA adaptable by providing the proper door clearances and structural supports that would allow minor modifications to be made if requested by a handicap tenant; and WHEREAS, testimony was received from Sean McCarthy, the Village Architect, stating that the Zoning Board has granted variances for this type of application in the past. If a change of use is requested for a future commercial entity, the loading zones and parking requirements would require site plan approval by the Planning Board and evaluated for possible conditions or restrictions; and WHEREAS, testimony was received from Rachael Ricker, who resides at 255 North Washington Street, stating that she is concerned about the loss of parking spaces. 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 ZBA, 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 create an undesirable change or be a detriment to the character of the neighborhood as the proposed first floor residential apartments in the 49 Beekman Avenue building will provide for ADA adaptable units, and the separate entrance on North Washington Street will be consistent with the neighborhood. Residential apartments above commercial spaces is in keeping with the character of the neighborhood. Page 3 of 4 �2. Granting of the area variance for the absence of a loading zone is not substantial because it is pre-existing non-conforming condition, and it is not needed for the existing commercial uses. The requested variance for the reduction in the number of parking spaces is necessary to create code compliant sized ADA parking spaces. The parking lot is a pre-existing non-conforming condition in which compliance with the required setbacks for a landscape buffer would eliminate (15) existing parking spaces. BE IT FURTHER RESOLVED, that the variances requested by the Applicants are granted approval 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 Application to the ZBA is hereby granted approval for the variance with 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 Engineers, and the Planning Board. BE IT FURTHER RESOLVED, the Applicants 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 Department of Architecture, Land Use Development, Buildings and Building Compliance and the Applicants has not obtained the required Building Permit for construction in accordance with the approved plan. ZONING BOARD OF APPEALS Date OT I T ^ ^ f vn u i e ~ ~ ' and I further certify that the same was entered Into the minutes of the meatinaof said Board of Trustees hefd on said date. INWITNES official sea! Page 4 of 4 � 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-ZBA-Resolution_45-49-Beekman-Avenue 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