https://sleepyhollow.localarchives.org/files/original/ef07361ef89bf8263e8786c6e6898042.pdf 8f39c76b2e645401a39a88fe92995358 PDF Text Text RESOLUTION Adopted at the May 19,2021 Meeting of the Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Conversion of commercial space to residential apartments LOCATION: 47 Clinton Street TAX MAP DESIGNATION: Section 115.15, Block 2, Lot 24 ZONING DISTRICT: C-2 WHEREAS, on March 15, 2021 an application was submitted by Tap Zee Realty LLC (the "Applicant") to the Zoning Board of Appeals of the Village of Sleepy Hollow (the "ZBA") requesting area variances to install convert part of the ground floor commercial space to (2) residential apartments (the "Application") pursuant to the Article IV of the Code of the Village of Sleepy Hollow, NY; and WHEREAS, the Applicant is seeking a variance from Article VII, Section 450-34.B. of the Code of the Village of Sleepy Hollow, NY, Supplementary Regulations, adding to and altering an existing nonconforming building or lot, where the required number of parking spaces is 17 and there are no existing parking spaces; and WHEREAS, the Applicants are seeking a variance from Article VIII, Section 450-51.C. of the Code of the Village of Sleepy Hollow, NY, Supplemental Regulations, Off-street parking and loading spaces, where the required number of parking spaces is 20, there are no existing parking spaces and there are no parking spaces proposed; 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 1-4 signed by James Vassalotti, architect, dated March 9,2Q21 2. froxy statement signed by Salvatore Alesci 3. 'Zoning'Compliance Form signed by James Vassalotti, dated March 9, 2021 4. -Short Environmental Assessment Form, Part 1- Project Information signed by James Vassalotti, dated March 9, 2021 5. Property survey prepared by Summit Land Surveying P.C. date June 16, 2017 6. '-Deed dated July 14, 2017 7. Westchester County Recording & Endorsement Page dated July 25, 2017 8. Westcor Land Title Insurance Company Schedule A -description 9. Town of Mount Pleasant School 2020 tax certificate 10. Town of Mount Pleasant County 2020 tax certificate Page 1 of 4 �11. Village of Sleepy Hollow 2019 tax certificate 12. Photograph of existing conditions 13. Drawings prepared by Vassalotti Architects, LLP, dated March 16, 2021 as follows: a. T-001.00 - Cover Sheet, General Notes, Zoning Information, Location Plan & Site Plan b. A-001.00 - Ground Floor Demolition Plan, New Construction Plan, Door & Finish Schedules, Typical Notes, and Details 14. Parking analysis prepared by Provident Design Engineering, dated April 14, 2021 15. Revised drawing prepared by Vassalotti Architects, LLP dated May 4, 2021 as follows: a. A-2 - Proposed Ground Floor Plan b. 47 Clinton Street Parking Requirements Table WHEREAS, the ZBA held duly noticed public hearing on April 21, 2021 and was continued on May 19, 2021, via Zoom Webinar to hear and consider the application; and WHEREAS, on April 16, 2021, a parking analysis, prepared by Provident Design Engineering was submitted to the ZBA; and WHEREAS, on May 5, 2021, a revised ground floor drawing and a parking requirement table, prepared by Vassalotti Architects, LLP was submitted to the ZBA; and WHEREAS, testimony was received from Tony Gioffre from the law firm of Cuddy & Fedar on behalf of the applicant stating that the revised application proposes to reduce the size of the first floor laundromat to add (1) two-bedroom residential unit. The building is existing non-conforming and does not have any off-street parking spaces. The requested variance for one required on-street parking space can be absorbed by the surrounding areas and there is no alternative to minimize the required variance and achieve the goals sought by the applicant; and WHEREAS, testimony was received from Carlitto Holt of Provident Design Engineering on behalf of the applicant stating that on-street parking surveys were completed and demonstrate that there are onstreet parking spaces available at different days and time during the week on Clinton Street and the surrounding areas and that the creation of off-street parking spaces with a driveway would eliminate some of the existing on-street parking spaces. WHEREAS, testimony was received from James Vassalotti, architect on behalf of the applicant stating that the owner intends to reduce the size of the laundromat space and invest in replacing the old equipment to create a more efficient use of water consumption and electrical service needs. WHEREAS, testimony was received from Sean McCarthy, Building Inspector stating that the proposed application for (1) residential unit on the ground floor requires a variance for (1) additional off-street parking space and that the creation of an additional commercial business would require one space for every 200 square feet for a retail use, one space for every 300 square feet for an office use; and one space for every five seats for a restaurant use. WHEREAS, the ZBA determined that the required variances for the revised application are as follows: Page 2 of 4 �1. Article VII, Section 450-34.B. of the Code of the Village of Sleepy Hollow, NY, Supplementary Regulations, adding to and altering an existing non-conforming building or lot, where the required number of parking spaces is 17 and there are no existing parking spaces 2. Article VIII, Section 450-51.C. of the Code of the Village of Sleepy Hollow, NY, Supplemental Regulations, Off-street parking and loading spaces, where the required number of parking spaces is 19, there are no existing parking spaces and there are no parking spaces proposed 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 or nearby properties as not change to the building footprint is proposed. 2. Granting of the area variances are a feasible way to achieve the benefit sought by the applicant and the establishment of an additional commercial business would increase the parking requirements. 3. The requested area variances for one additional parking space are not substantial in relation to the existing conditions of the building. 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. The requested variances are a self-created hardship but it is not the only factor that the Board considers for approval. Page 3 of 4 �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, 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 VILLAGE OF SLEt Date Timolhy Church, Chairman A •hr, '.'ndersioned ; ie foregoipg is a hsrr Cierk/pop'itv ir.rk r.K c .iy ,:douted bvjhe Board of irue «.op, • my of the Village^i Sleepy Hollow, Tru*t'ies/f ot ^ , 20 and of on the , and further certify that the same was the whole ih entered into the minutes of the meeting of said Board of Trustees/Plapdng/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of 20 I, ,, ^ . ^ c w H f t q h f r v j ^ ifm|nm|flnod Clerk/Deputy Clerk, do hereby certify that the foregoing fee true copy of an extract duly adopted by tt^Bwdjrf TfUtleesWannii^^^of the Village of Sleepy Holtow, on the f ± ^ d a y rflH^W . a i g j ^ t f the whole thereof, and I furtherNcertify that the same wee entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and officii s£al thisX^jday of Q y o ^ - e 20 2 / Clerk 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_2021-05-19_47-Clinton-Street-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