https://sleepyhollow.localarchives.org/files/original/bf91465156b2917b7aaa5c6db54f2ef4.pdf de152ae77110a3d0cd1370c1f286085d PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting April 21, 2021 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 Gorete Crowe Craig Lis Sandra Tripp Thomas Chang Richard Hughes Absent: Margaret Rubick Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Agenda: 1) GTY NY Leasing, Inc., 215 North Broadway, Proposed signage- Continued public hearing 2) David Starkey, 199 Webber Avenue, Proposed additions and alterations- Public hearing 3) Tap Zee Realty LLC, 47 Clinton Street, Proposed change of use- Public hearing 4) Approval of minutes - March 17, 2021 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. GTY NY Leasing Inc., 215 North Broadway, Proposed signage - Public hearing 1 (ZBA 4/21/2021) �Chairman Church stated that the public notice has been previously read and invited the applicant to present the changes to the proposed application. Nancy Forrest is an associate with GNS Group and stated the revised drawings propose to reduce the sizes of the front and side signs and use backlit halo lettering. Sandra Tripp asked Sean McCarthy if a variance is required for the signs to be illuminated. Sean McCarthy stated that the signs are permitted to be illuminated but the Village Code requires that illuminated signs have a timer that will turn off lighted signs by 2:00 am. Mr. McCarthy stated that there are excessive stacked products in the window and outside the building that also count as signage and are subject to Code Enforcement. Discussion ensued on the size reduction of the proposed signage from the previous application. The Zoning Board members expressed their satisfaction for the proposed signage changes. Motion was made to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Motion was made by Chairman Church to approve the variances requested for the proposed signage heights based on the following criteria: 1. Granting of the area variances will not be detrimental to the character of the neighborhood and are appropriate for the gas station. 2. The applicant has made significant changes to the size and lighting methods for the signage and timers will restrict the lighted hours. 3. Granting of the area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. There was no opposition from the public for the proposed signage . Motion was made to approve the variances as requested. Moved: Church Seconded: Tripp Timothy Church, Chairman- yes 2 (ZBA 4/21/2021) �Richard Hughes - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Craig Lis - yes Vote 6-0 APPROVED 2. David Starkey, 199 Webber Avenue, Proposed additions and alterations - Public hearing Chairman Church read the public notice. Chairman Church asked Sean McCarthy if all of the mailing receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. Luis Saiz is the architect representing the applicant and stated that they are seeking variances for the front yard and the side yard for an accessory structure. Mr. Saiz stated that both structures are existing non-conforming. Mr. Saiz shared photographs and drawings, and summarized the details for the proposed additions in relation to the neighboring properties. Mr. Saiz stated that the proposed application will not be a detriment to the neighborhood and will increase the street appeal. Sandra Tripp asked Luis Saiz how the proposed garage addition effects the encroachment of the side yard set-back. Luis Saiz stated that the differential between the existing low hip roof and the proposed new gable roof is a slight increase over the existing base of the garage. Gorete Crowe asked if the proposed art studio could be a future rentable space. Luis Saiz stated that there are no plans for a bathroom or any heating or air conditioning in the art studio space and it will not allow for the use of a rental apartment. Thomas Chang requested the proposed materials for the front porch. David Starkey is the owner of 199 Webber Avenue and stated that they intend to match the materials of the existing home which consist of wood framing and shingles. Richard Hughes asked if any comments were received from the public in opposition of the proposed additions. Sean McCarthy stated that all of the public notices were mailed and that the Building Department has not received any correspondence or phone calls from the neighboring property owners. Sandra Tripp asked if the two car garage use will remain. 3 (ZBA 4/21/2021) �Luis Saiz stated that the only change to the garage is the proposed art studio above it. David Starkey stated that they don't have a finished basement and that this is the main reason for the proposed art studio. Motion was made to open the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the Board. Comments were received from the Board in favor of the application. Motion was made by Chairman Church to approve the requested variances based on the following criteria: 1. Granting of the area variances will enhance the character of the neighborhood. 2. The requested variances are not substantial as the request for the increase in square footage is for the extension of an existing porch. The set-backs are existing non-conforming. The footprint of the existing garage will not change, and that the slight side yard set-back increase relates to the roof height and type. 3. Granting of the area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. 4. There was no opposition from the public for the proposed additions. Motion was made to approve the variances as requested. Moved: Church Seconded: Chang Timothy Church, Chairman- yes Richard Hughes - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes 4 (ZBA 4/21/2021) �Craig Lis - yes Vote 6-0 APPROVED 3. Tap Zee Realty LLC, 47 Clinton Street, Proposed change of use - Public hearing Chairman Church read the public notice. Chairman Church listed the documents submitted with the application and asked Sean McCarthy if all of the mailing receipts have been received. Sean McCarthy stated that all of the mailing receipts have been received. James Vassalotti is the architect representing the applicant and stated that their consultants will present the application. Tony Gioffre is member of the law firm Cuddy & Feder. Mr. Gioffre summarized the existing use of building and the proposed application to reduce the size of the first floor laundromat to add two residential units. Mr. Gioffre stated that the building is existing non-conforming and currently does not have any off-street parking spaces. They are seeking a variance for the required three off-street parking spaces. Carlitto Holt is a Managing Partner of Provident Design Engineering and stated that they submitted a parking study which found that the calculations for the required parking spaces omitted the amount of the laundromat area that would be displaced by the residential units. Mr. Holt stated that the reduction in the laundromat space would eliminate one of the required offstreet parking space for the business and that the requested variance is for the net requirement of two additional off-street parking spaces. Mr. Holt stated that on-street parking surveys were completed to demonstrate the parking spaces available at different days and times during the week on Clinton Street and the surrounding areas. Mr. Holt stated that creating off-street parking spaces and a driveway will eliminate some of the existing on-street parking spaces. Discussion ensued between the Board and the applicant's representatives regarding the parking space conditions at 47 Clinton Street, the remainder of Clinton Street, and the neighboring streets. Chairman Church asked James Vassalotti for the proposed square footage of the proposed residential units. James Vassalotti stated that the proposed one bedroom unit would be 600 square feet and the studio apartment would be 400 square feet. Motion was made to open the public hearing. Moved: Church Seconded: Hughes Vote 6-0 Chairman Church solicited comments from the public. There were no public comments. 5 (ZBA 4/21/2021) �Motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the Board. Sandra Tripp stated parking is a problem in the Village and asked for the applicant to explain why the application is not a self-created hardship. Tony Gioffre stated that a self-created hardship is only one of the five factors for the Board to consider for review of the application. There is no alternative to minimize the required variances and achieve the goals that would benefit the applicant. The approval of the requested variances will not cause a detriment to the neighborhood because their studies show that there are always two available parking spaces that can be absorbed in the area. Sean McCarthy asked if the applicant would consider proposing one residential unit in lieu of two units. Tony Gioffre requested that the Board adjourn the public hearing so that they can discuss the options with the applicant. Motion was made to adjourn the public hearing to the May 19, 2021 meeting. Moved: Church Seconded: Lis Vote 6-0 4. Approval of minutes - March 17, 2021 Motion was made to approve the March 17, 2021 minutes. Moved: Church Seconded: Hughes Timothy Church, Chairman- yes Gorete Crowe - yes Sandra Tripp - yes Craig Lis - yes Thomas Chang - yes Richard Hughes - yes Vote: 6-0 APPROVED Motion was made to adjourn the meeting at 9:24 pm. Moved: Church Seconded: Lis Vote 6-0 Respectfully Submitted, Pa^rLeJas A^&M Pamela Kroll Secretary to the Zoning Board of Appeals 6 (ZBA 4/21/2021) � 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_-Approved-ZBA-Minutes 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