https://sleepyhollow.localarchives.org/files/original/b59027496e666c2695406343901724f8.pdf 926c87f52a6da7cef4419018fbc2d223 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting May 19, 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 Margaret Rubick Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Agenda: 1) Tap Zee Realty LLC, 47 Clinton Street, Proposed change of use- Continued public hearing 2) Savvas and Marinna Kyriakidis, 23 Amos Street, Proposed additions- Public hearing 3) Brian Hecht and Morgan Ridler, 259 Hunter Avenue, Proposed additions- Public hearing 4) Miles Greaves and Jennifer Woolf, 2 Lakeview Avenue, Legalization of rear terracePublic hearing 5) Approval of minutes - April 21, 2021 Chairman Church stated that Richard Hughes has resigned from the Board and thanked him for his service. Chairman Church stated that they have six members present for the meeting. 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 (ZBA 5/19/2021) �1. Tap Zee Realty LLC, 47 Clinton Street, Proposed change of use- Continued Public hearing Chairman Church stated that a revised floor plan and parking requirement table was submitted by the applicant on May 5, 2021 proposing to construct (1) two-bedroom apartment in lieu of (1) one-bedroom apartment and (1) studio apartment on the ground floor and that this application would require 18 parking spaces. Chairman Church invited the applicant to present the details of the revised submission. Tony Gioffre is member of the law firm Cuddy & Feder representing the applicant. Mr. Gioffre stated that reducing the proposed residential unit count to a (1) two-bedroom apartment reduces the requested parking variance to one required parking space. The analysis completed by Provident Engineering suggests that one additional parking space can be absorbed by the surrounding areas. Mr. Gioffre requested that the Zoning Board close the public hearing and grant a variance for one parking space. Chairman Church requested clarification from Sean McCarthy on the requested variances and the required parking spaces based on the proposed application changes. Sean McCarthy stated that the reduced parking calculations from 20 required spaces to 19 spaces on the application is correct and that half spaces are rounded up. Since there is no existing parking, the parking variance is based on the additional parking requirement for the proposed application. Chairman Church requested that the applicant explain the economic reasons for proposing residential units on the ground floor space in lieu of a commercial business. James Vassalotti is the architect representing the applicant. Mr. Vassalotti stated that the existing laundromat space is financially a loss because the equipment is outdated and utility bills are high. The owner intends to reduce the size of the space and invest $200,000.00 to replace the old equipment and create a more efficient use of water consumption and electrical service needs. Chairman Church asked if the applicant has considered reducing the size of the laundromat and keeping the space as a commercial use. Chairman Church asked Sean McCarthy if an additional commercial business would increase the required number of parking spaces. Sean McCarthy stated that an additional commercial business may require more parking spaces depending on the type of use and the square footage of the space. Residential unit parking requirements are based on the bedroom counts. Sean McCarthy stated that if a retail space was proposed, the parking requirement would be one space for every 200 square feet. An office space would require one space for every 300 square feet. A food establishment would require one space for every five seats in a restaurant. 2 (ZBA 5/19/2021) �Chairman Church asked James Vassalotti to confirm that the owner intends to file for a Building Permit to renovate the reduced laundromat space if the variance is approved. James Vassalotti stated that that the owner intends to file the permits necessary to renovate and improve the reduced laundromat space. Chairman Church solicited questions from the Board. There were no questions from the Board. 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: Lis Vote 6-0 Motion was made by Chairman Church to approve the area variance requested for the revised proposed application based on the following criteria: 1. Granting of the area variance will not be detrimental to the character of the neighborhood or nearby properties as no change to the building footprint is proposed. 2. Granting of the area variance is 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 variance for one additional parking space is not substantial in relation to the existing conditions of the building. 4. Granting of the area variance will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood and the intended improvements to the existing laundromat space will benefit the Village. 5. The requested variance is a self-created hardship but it is not the only factor that the Board considers for approval. Chairman Church stated that the application meets the requirements for a Type II action under SEQRA 617.5 and that no further environmental review is required. 3 (ZBA 5/19/2021) �Motion was made to approve the variance application as requested. Moved: Church Seconded: Lis Timothy Church, Chairman- yes Margaret Rubick - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Craig Lis - yes Vote 6-0 APPROVED 2. Savvas and Marinna Kyriakidis, 23 Amost Street, Proposed additions - Public hearing Chairman Church read the public notice and listed the documents submitted with the application. 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. Chairman Church invited the applicant to present the application. William Simeoforides is the architect representing the applicant. Mr. Simeoforides stated that the house is a modular two-story single-family house with a narrow galley kitchen. The application proposes to construct a 25 ^ foot wide by 8 foot deep rear addition to expand the kitchen and the dining room areas and a covered deck to the west of the proposed addition. The applicant is seeking a variance for the existing non-conforming rear and front yard set-backs. The proposed addition requires an additional variance for rear yard. There are no proposed changes to the front entry porch at the front yard set-back. Chairman Church requested the square footage for the proposed rear addition. William Simeoforides stated that the proposed addition is approximately 10 square feet. Chairman Church asked Sean McCarthy if there has been any opposition from the neighbors. Sean McCarthy stated no public comments have been received. Chairman Church solicited comments from the Board. Craig Lis asked if there is another property behind the existing rear retaining wall. William Simeoforides stated that there is another property behind the applicant's house. Motion was made to open the public hearing. Moved: Church Seconded: Lis 4 Vote 6-0 (ZBA 5/19/2021) �Chairman Church solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Church Seconded: Chang Vote 6-0 Chairman Church solicited comments from the Board. Comments were received from the Board in favor of the application. Chairman Church stated that the application meets the requirements for a Type II action under SEQRA 617.5 and that no further environmental review is required. Motion was made by Chairman Church to approve the requested variances based on the following criteria: 1. Granting of the area variances will not be detrimental to the character of the neighborhood or the neighboring properties as the proposed addition is located at the rear of a sloped lot. 2. The requested variances are not substantial in relation to the existing non-conformities of the lot and the location of the proposed addition. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicants on a property that is irregular in shape. 4. The requested variances are a self-created hardship but there has been no opposition from the neighboring properties and it is not the only factor the Board considers when approving an application. 5. Granting of the area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. Motion was made to approve the variances as requested. Moved: Church Seconded: Tripp Timothy Church, Chairman- yes Margaret Rubick - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Craig Lis - yes Vote 6-0 APPROVED 5 (ZBA 5/19/2021) �3. Brian Hecht and Morgan Ridler, 259 Hunter Avenue, Proposed additions - Public hearing Chairman Church read the public notice and listed the documents submitted with the application. Chairman Church asked Sean McCarthy if all of the mailing receipts have been received. Sean McCarthy stated that the mailing receipts have been received. Amanda Linhart is the architect representing the applicant. Ms. Linhart presented photographs of the existing house and stated that the application proposes to construct a rear second story addition to create a master bedroom suite by increasing the size of the existing dormer and raising the ceiling height. The proposed addition will add 64 square feet to the existing house. Ms. Linhart presented the proposed elevations drawings and stated that the roof line will remain the same and that they propose to increase the size of the west windows to increase the views to the Hudson River. Ms. Linhart presented the floor plans to show the proposed master bedroom and bathroom. There are no proposed changes to the existing non-conforming garage accessory structure. Chairman Church asked Amanda Linhart to confirm that the proposed addition will not be seen from the front of the house or from the road and asked her to describe the existing landscaping between the house and the neighboring property owner. Amanda Linhart stated that the addition will be not be seen from the road and that the only neighbor affected by the proposed application would be the neighbor to the left on Riverside Drive. The owner has spoken to the neighbor said they don't have any objections. Morgan Ridler is the owner of 259 Hunter Avenue and stated that there are Pine trees and hedges between the neighbors' house. Motion was made to open the public hearing. Moved: Church Seconded: Tripp 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 members in favor of the application. Chairman Church stated that theBoard application meets the requirements for a Type II action under SEQRA 617.5 and that no further environmental review is required. 6 (ZBA 5/19/2021) �Motion was made by Chairman Church to approve the requested variances based on the following criteria: 1. Granting of the area variances will not be detrimental to the character of the neighborhood or the neighboring properties as the proposed addition will not be seen from the road, there are no proposed changes to the roof line or the footprint of the house. 2. The requested variances are not substantial as the proposed application will not increase the footprint of the building and the existing non-conformities of the property are minimal. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicants. 4. The requested variances are a self-created hardship but there has been no opposition from the neighboring properties and it is not the only factor the Board considers when approving an application. 5. Granting of the area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. Motion was made to approve the variances as requested. Moved: Church Seconded: Rubick Timothy Church, Chairman- yes Margaret Rubick - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Craig Lis - yes Vote 6-0 APPROVED 4. Miles Greaves and Jennifer Woolf, 2 Lakeview Avenue, Legalization of rear terracePublic hearing Chairman Church read the public notice and listed the documents submitted with the application. Chairman Church stated that they received an email dated May 14, 2021 from the Howard Katseff and Bonnie Goodman, the owners of 4 Lakeview Avenue, in support of the application. (see Exhibit #1) Chairman Church asked Sean McCarthy if all of the mailing receipts have been received. Sean McCarthy stated that the mailing receipts have been received. 7 (ZBA 5/19/2021) �Chairman Church invited the applicant to present the application. Miles Greaves and Jennifer Woolf are the owners of 2 Lakeview Avenue. Mr. Greaves stated that the patio has low visibility from the street or the neighboring properties. They have spoken with their neighbors and there have been no objections. The patio provides enjoyment for their backyard and increases the value of their property. Chairman Church asked Sean McCarthy to provide the history of the application. Sean McCarthy stated that in 2017 a Code Enforcement Officer was called to investigate work being performed without a Building Permit by the previous owner and a stop work order was issued. An agreement was made prior to the closing in order to allow the sale of the property to move forward which stated that the new owner would file the required documents to legalize the structure or remove it. Chairman Church asked Sean McCarthy if a railing is required. Sean McCarthy stated that if the height of the terrace is less than 30 inches above the ground a fall protection railing is not a code requirement. Chairman Church stated that since the terrace is not an elevated structure, it makes the requested variance less substantial. Chairman Church stated that if the variance is granted and the owners decide they want to elevate the terrace to be flush with the sloped grade and the door, they would be required to come back for another variance. Miles Greaves stated that they will add railings to the terrace if required. Chairman Church solicited questions from the Board. Discussion ensued between the Board and Sean McCarthy regarding the history of the application and the Village Code requirements related to the application. 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: Crowe Vote 6-0 Chairman Church stated that the application meets the requirements for a Type II action under SEQRA 617.5 and that no further environmental review is required. 8 (ZBA 5/19/2021) �Motion was made by Chairman Church to approve the requested variances based on the following criteria: 1. Granting of the area variances will not be detrimental to the character of the neighborhood or the neighboring properties as the terrace is flat and not an elevated structure. 2. The requested variances are not substantial as the rear yard set-back is existing nonconforming and the additional encroachment in the rear yard is minimal. 3. Granting of the area variances is the feasible and minimal method to achieve the benefits sought by the applicants. 4. There has been no opposition from the neighboring properties and a letter in support of legalizing the terrace was received from the neighboring property owner. 5. Granting of the area variances will not have a permanent adverse effect or impact on the physical or environmental conditions in the neighborhood. Motion was made to approve the variances as requested. Moved: Church Seconded: Rubick Timothy Church, Chairman- yes Margaret Rubick - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Craig Lis - yes Vote 6-0 APPROVED 5. Approve of minuties - April 21, 2021 Motion was made to approve the April 21, 2021 minutes as amended. Moved: Church Seconded: Crowe Timothy Church, Chairman- yes Gorete Crowe - yes Sandra Tripp - yes Craig Lis - yes Thomas Chang - yes Margaret Rubick - yes Vote: 6-0 APPROVED 9 (ZBA 5/19/2021) �Motion was made to adjourn the meeting at 9:00 pm. Moved: Church Seconded: Rubick Vote 6-0 Respectfully Submitted, Pa^rueJa/Kt^M Pamela Kroll Secretary to the Zoning Board of Appeals 10 (ZBA 5/19/2021) � 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_2021-05-19_Approved 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