https://sleepyhollow.localarchives.org/files/original/11ef7246326f3b74cb79e71f5081cf2c.pdf 94db7022da59005f6f7960542e754b07 PDF Text Text RESOLUTION Adopted at the April 21, 2021 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Signage LOCATION: 215 North Broadway TAX MAP DESIGNATION: Section 115.11, Block 5, Lot 32 ZONING DISTRICT: C-l WHEREAS, on January 8, 2021 an application was submitted by GNS Group, Ltd on behalf of GTY NY Leasing Inc. (the "Applicants") to the Zoning Board of Appeals of the Village of Sleepy Hollow {the "ZBA") requesting area variances to install signage (the "Application") pursuant to the Article IV of the Code of the Village of Sleepy Hollow, NY; and WHEREAS, the Applicants are seeking variances from Article IV, Section 338-4.J of the Code of the Village of Sleepy Hollow, NY, Prohibited signs; vacuum plastic form faced sign is proposed where vacuum plastic form faced signs or letters are prohibited; and WHEREAS, the Applicants are seeking variances from Article IV, Section 338-6.E.(2) of the Code of the Village of Sleepy Hollow, NY, Signs in commercial districts, where the maximum permitted area for signage is 9.0 square feet and the proposed areas for the signage are 19.50 square feet and 19.40 square feet; and WHEREAS, the Applicants are seeking variances from Article IV, Section 338-6.E.(3) Signs in commercial districts, where the maximum permitted letter heights are 18.0 inches and the proposed letter heights are 45.0 inches and 60 inches and; WHEREAS, the Applicants are seeking variances from Article IV, Section 338-6.E.(l) of the Code of the Village of Sleepy Hollow, NY, Signs in commercial districts, where the required maximum permitted sign height is 24 inches and the proposed heights are 45 inches and 60 inches.; and WHEREAS, the ZBA has reviewed the following documents for consideration as well as the oral presentations to the ZBA: 1. Zoning Board of Appeals Application Part 1 and Part 2 of 4 signed by Kathy Regalbuto dated December 4, 2020 2. Zoning Board of Appeals Application Part 3 or 4, proxy statement signed by Joshua Dicker, Executive VP of GTY NY Leasing Inc., dated December 17, 2020 Page 1 of 4 �3. Short Environmental Assessment Form, Part 1- Project Information signed by Nancy Forrest, dated December 21, 2020 4. Property survey prepared by Morris Associates, P.L.L.C, dated February 8, 2016 5. Special Warranty Deed dated January 13, 2011 6. Westchester County Recording & Endorsement Page dated February 10, 2011 7. Zoning Compliance Form dated January 6, 2021 8. Drawings prepared by Murdoch Engineering as follows: a. Sheet 1.1, Elevation Rendering.cdr, dated January 17,2020 b. Sheet 1.2, Elevation Rendering.cdr, dated February 24, 2020 c. Sheet 2.1, Elevation Rendering.cdr, dated January 17,2020 d. Sheet 2.2, Elevation Rendering.cdr, dated January 17, 2020 9. Revised drawings dated April 1, 2021 as follows: a. Sheet 1.1. dated April 1, 2021 b. Sheet 1.2 dated April 1, 2021 c. Sheet 2.1 dated April 1, 2021 d. Sheet 2.2 dated April 1, 2021 WHEREAS, the ZBA held duly noticed public hearing on February 17, 2021 and was continued on March 17, 2021 and April 21, 2021, via Zoom Webinar to hear and consider the application; and WHEREAS, on April 6, 2021 revised drawings were submitted to the ZBA requesting reduced signage sizes and changes in the lighting used for the lettering in lieu of the originally proposed application; and WHEREAS, testimony was received Nancy Forrest, on behalf of the applicant stating that she is an associate of GNS Group and that they represent over one-hundred Chestnut Markets along the East Coast and that the majority of the markets are located on corner lots where signage is proposed on the front and sides of the buildings. The proposed signage lettering and underscore will be constructed of painted aluminum faces. The "Squirrel" only will be constructed of half inch push-thru, edge-lit acrylic with an opaque face in Chestnut Green. The signage will be illuminated with halo lit channel lettering. WHEREAS, testimony was received from Sean McCarthy stating that the Village Code permits illuminated signage but requires a timer that will turn off the lighting by 2:00 AM and that the stacked products in the windows and outside the building also count as signage and are subject to Code Enforcement. WHEREAS, the ZBA determined that variances were only required for the front and rear sign heights and that they would vote to approval the following variances: Article IV, Section 338-6.E.(l) of the Code of the Village of Sleepy Hollow, NY, Signs in commercial districts, where the required maximum permitted sign height is 24 inches and the proposed heights are 29 inches and 45 inches.; and Page 2 of 4 �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 and the proposed signage is appropriate for the gas station. 2. The requested variances are not substantial in relation to the permitted signage heights. The applicant made significant changes to the size and lighting methods for the signage. Timers will restrict the lighted signage hours in the Village. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicants. 4. Granting of the proposed area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. There was no opposition from the public for the proposed signage. BE IT FURTHER RESOLVED, that the area 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 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, Page 3 of 4 �Land Use Development, Buildings and Building Compliance and the Applicants has not obtained the required Building Permit for construction in accordance with the approved plans. ZONING BOARD OF APPEALS VILLAGtOF SLEEftYKOLLOiAr? Timothy Church, Chairman C Z<sZ,\ Date .the undersigned true copy of an extract^duly adopted by the^Board of ', ^Ttosteg^lanni. e of Sleepy Hollow, on t h e ^ ^ j d a y of , and of Ihe whole thereof, and I further certify that the same entered into the minutes of the meeting of said Bottd Of Tflistees/Planning/Zoning held on said cbte. I N WITNESS WHEREOf, I havejiereunio set my hand teal this^A dav of C S ^ ^ / 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-2021 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_2021-04-21_215-North-Broadway-ZBA-Signed-Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2021 Date A point or period of time associated with an event in the lifecycle of the resource 2021 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