https://sleepyhollow.localarchives.org/files/original/558daf3151088e0acb98a131fdfaceee.pdf f2d08d02a94ed8ab1e31b17fe6e11eb6 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting May 18, 2022 Chairman Church called the meeting to order at 7:00 pm. Present: Timothy Church, Chairman Gorete Crowe - arrived to meeting at 7:29 pm Sandra Tripp Thomas Chang Craig Lis Margaret Rubick Also Present: Sean McCarthy, Village Architect Absent: Pamela Kroll, Secretary to the Zoning Board Agenda: 1) Maria Martins, 11 Kendall Avenue, Appeal and Interpretation of the Building Inspectors determination that the proposed application for the development at 135 Beekman Avenue complies with the Zoning Code- Public hearing 2) Filipe and Jose Ribeiro, 20 Continental Street, Proposed addition and alterationContinued public hearing 3) Harry Ledley, 544 Bellwood Avenue, Proposed 6 foot high- Public hearing 4) Approval of minutes, February 16, 2022, April 20, 2022 1. Maria Martins, 11 Kendall Avenue, Appeal and Interpretation of the Building Inspectors determination that the proposed application for the development at 135 Beekman Avenue complies with the Zoning Code- Public hearing Chairman Church stated that the Planning Board and the Board of Trustees are reviewing the Zoning Code. The applicant has requested an adjournment until the June 15, 2022 meeting. Motion was made to adjourn the public hearing to the June 15, 2022 meeting. Moved: Church Seconded: Lis Vote 5-0 2. Filipe and Jose Ribeiro, 20 Continental Street, Proposed addition and alterations- Public Hearing Chairman Church invited the architect the present the proposed changes. 1 (ZBA 5/18/2022) �Jorge B. Hernandez is the architect representing the applicants. Mr. Hernandez stated he was unable to submit the revised submissions in time for review prior to the meeting. He submitted revised hard copies to the Board and stated that he will describe the proposed changes to the application. Mr. Hernandez presented the revised plans and stated that he reduced the proposed number of bedrooms to two from four, which reduces the required number of parking spaces to seven. The size of the addition has been reduced, and upper and lower decks with stairs were added to the rear side so that the impact to the neighboring properties will be reduced and emergency access will be provided from the upper floor. Mr. Hernandez presented a solar impact study that demonstrates the shade implications during the day at different times of the year. Mr. Hernandez stated fire safety will be provided by the addition of the fire sprinklers and the new construction. The driveway bollard will be removed so that the two parking spaces in the driveway can be used. Chairman Church stated that the revised application needs to be posted on the Village website so that members of the public have the opportunity to review the plans before the Board votes on the application. Chairman Church asked Mr. Hernandez to confirm the required number of parking spaces needed based on the revised application. Mr. Hernandez stated that the revised application would require seven parking spaces. Sean McCarthy asked Mr. Hernandez to describe how the revised application will reduce the footprint of the building. Mr. Hernandez stated that there are no changes proposed to the first floor. The second and third floors will be set back in order to construct the decks and stairs that will provide the ability to walk outside and reduce the impact to the adjacent properties. Mr. McCarthy asked Mr. Hernandez to confirm that the plans show that the new air conditioning condenser units are proposed to be in the backyard, away from the neighbors. Mr. Hernandez stated that the air conditioning units were moved to the rear yard and that the specifications for the units are noise compliant. The garbage will be located on the driveway side so that it is further from the nearest property. Chairman Church suggested that Mr. Hernandez speak with Sean McCarthy to see if any other changes are needed before the next meeting. Chairman Church asked Sean McCarthy if the public notice will need to be updated. Mr. McCarthy stated that based on the revised application, all of the requested variances will be reduced and not require a new public notice. He will check to make sure that the new application complies with the Zoning Code and if required, the Building Department will issue a new public notice. Upon receipt of a new digital file, the Building Department will publish the revised submission on the Village website. 2 (ZBA 5/18/2022) �Chairman Church solicited questions from the Board. Craig Lis requested that Mr. Hernandez provide a comparison showing the difference between the original application and the proposed changes. Motion was made to open the public hearing. Moved: Church Seconded: Tripp Vote 5-0 Chairman Church solicited comments from the public. Anne White lives at 3301 Kendal Way. Ms. White asked if this is the first time that Sean McCarthy and the Zoning Board are seeing the revised application. Chairman Church stated that this is the first time the Board is seeing the revised submission and stated that the Board will not vote on the application tonight. The revised submission will be published on the Village website so that the public can review before the next meeting. Anne White stated that she is concerned that the proposed basement playroom could make it easy for the applicant to make into an additional apartment. Chairman Church stated that the Board evaluates the application and that they are not involved with the Code enforcement issues. Sean McCarthy stated that the Building Department will require the plans to have the rooms labeled for the proposed usage and the applicants will have to show compliance to both the Zoning Code and the Building Code. Any future violation of the approved plans would be a violation of the Certificate of Occupancy that will be subject to enforcement. Cheryl Cappello is the owner of 18 Continental Street and asked Mr. Hernandez to confirm the revised dimensions of the addition, if they are still proposing the playroom in the basement, and if the proposed fire escapes the will extend the addition out further. Mr. Hernandez stated that the proposed first level will be 28 feet wide, the second level will be 20 feet wide, and the third level will be 16 feet wide. A playroom is proposed in the basement level. The roof of the lower level will become the deck on the next level. Ms. Cappello asked if there is a law that prohibits putting bedrooms outside of a kitchen and if there is a maximum capacity for one-bedroom apartments. Mr. Hernandez stated that two people are permitted per bedroom. Anne White asked Mr. Hernandez if the basement escape exits are still located to the east and asked what the proposed rooflines will be. 3 (ZBA 5/18/2022) �Mr. Hernandez stated that there will be one escape exit from the basement and that the applicants are deciding if it will be located on the east or the west. Mr. Hernandez stated that the proposed rooflines will be flat. Motion was made to continue the public hearing to the June 15, 2022 meeting. Moved: Church Seconded: Tripp Vote 6-0 The Board received comment letters on May 18, 2022 prior to the meeting. (See Exhibit #s 2 & 3) 3. Harry and Rebecca Ledley, 544 Bellwood Avenue, Proposed 6 foot high fencing Public hearing Chairman Church read the public notice and listed the documents submitted with the application. Chairman Church stated that the Board has received a letter in support of the application (See Exhibit #1) Chairman Church invited the applicant to present the application. Harry Ledley is the owner of the property. Mr. Ledley presented photographs of the different types and heights of the existing fencing on his property and stated that they propose to replace all of the fencing with 6 foot high white vinyl fencing. Sandra Tripp asked Sean McCarthy to confirm the fencing regulations. Sean McCarthy stated that the maximum permitted fence height in the required front yard setback is 3 feet and that anything beyond the front yard setback is permitted at a maximum of 5 feet in height. Mr. Ledley stated that they moved into the house eighteen months ago and that all of the fencing is existing. Mr. Ledley presented a photograph of the 5-foot high wood fencing that is located on the shared property line and stated that the neighbor has 6-foot high fence around their property. Mr. Ledley stated that the proposed vinyl fencing would look nice on both sides. He is working with his neighbor to agree to have both of their fences removed so that they can just install one shared 6-foot fence at the shared driveway. Margaret Rubick asked Mr. Ledley if the proposed fencing would be solid. Mr. Ledley presented a photograph of the proposed vinyl fencing and stated that it would be privacy fencing with a scalloped top. Margaret Rubick asked Mr. Ledley how high the scalloped portion of the fence is. Mr. Ledley stated that the fence posts are at a 6-foot height and that he is not sure how high the scalloped portion is. Mr. Ledley stated that the reasons they are requesting to install 6-foot high 4 (ZBA 5/18/2022) �fencing are to match the neighbor’s property adjacent to the driveway and to block the noise and the view of Broadway. Sandra Tripp asked if the fencing is behind the existing stone wall or if it is on top. Mr. Ledley stated that the stone wall is 3 feet high. The existing fence posts go into the rocks and existing fence height is approximately 4 feet high. Vinyl fence posts are bigger than wooden posts so most likely the fence would be installed directly behind the stone wall from the ground up. Craig Lis asked Mr. Ledley if the grade of the property is the same behind the stone wall. Mr. Ledley stated that the property is the same behind the wall but the property goes slightly up hill beyond the fence. Margaret Rubick asked Mr. Ledley what is on the other side of the existing fence. Mr. Ledley stated that there is an empty lot on the other side of the fence. Chairman Church asked if the neighboring property has a variance for their 6-foot fencing. Sean McCarthy stated that he would have to check the records. Mr. Ledley stated that people have told him that lots that are directly on Broadway often have 6foot fences. Chairman Church stated there are no 6-foot fence height zoning regulations for properties along Broadway and he suggested that Mr. Ledley could achieve consistency with his neighbor by installing a 6-foot fence at the shared section of his lot and then installing 5-foot fencing on the rest of the proposed areas. Chairman Church solicited comments from the Board. There were no comments from the Board. Motion was made to open the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the public. Darren Bushey is the owner of 546 Bellwood Avenue and stated that he is the neighbor adjacent to. Mr. Bushey stated he supports the 6-foot fencing because he also believes in consistency with the neighboring properties. They will have to replace their fencing at some point and 6 foot fencing provides more safety and privacy for the applicant’s dog and small child. 5 (ZBA 5/18/2022) �Motion was made to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Chairman solicited comments from the Board. Thomas Chang stated that applicant’s house is in a high traffic area opening into Philips Manor but stated that the fencing would not be visible from the street. Craig Lis stated that three out of the five sides of the yards are not visible to the public. Sandra Tripp stated that granting a variance for a height change is not something she is comfortable approving. Ms. Tripp stated that the rules were put in place to keep consistency in the Village that she is concerned about setting a precedent for other applications. Chairman Church stated that when the Board of Trustees adopted the 5-foot height regulation, he is sure that safety was a consideration. Although the fencing may not be visible from the road, there is a potential for it to affect the residents that are living there now and the potential for the development on the vacant lot in the future. Each time the Board allows a variance for the height of a fence, a neighbor is affected and they will want permission to do the same thing. Gorette Crowe stated that she also has concerns about creating a precedent. Chairman Church made a motion to deny the application based on the following criteria: 1. Granting of the area variance will produce an undesirable and inconsistent change to the neighborhood because although the Board is aware that there are properties with 6-foot fences, the maximum permitted fence height is 5 feet and that only 3 foot high fences are permitted where they are facing roadways. 2. The requested variance is substantial because granting a variance for above the 5-foot fence height code regulation will create a precedent for future applications. Changing the fence height regulations is an issue for the Board of Trustees to consider. 3. The applicant can achieve the benefits sought and can maintain consistency with a 5-foot fence and possibly higher shrubbery, and there would be minimal inconsistency with the neighboring property. 4. The requested variance for the proposed 6-foot fencing will not cause an impact to the environmental or physical conditions of the neighborhood. 5. The requested variance for the proposed 6-foot fencing is self-created. Motion was made to deny the application. Moved: Church Seconded: Rubick 6 (ZBA 5/18/2022) �Timothy Church, Chairman- yes Margaret Rubick- yes Craig Lis - yes Gorete Crowe- yes Sandra Tripp- yes Thomas Chang- abstained Vote 5-0-1 DENIED Chairman Church permitted Darren Bushey to comment on the Board’s decision. Darren Bushey stated that he and the applicant have a shared property line and denying the application will be inconsistent with the 6-foot fencing on his property. The fencing on his property will remain at 6 feet in height to provide safety and privacy. Gorette Crowe stated that when Mr. Bushey chooses to replace his fencing in the future, he will be required to install 5-foot high fencing and not be permitted to install new 6-foot fencing without a variance. 4. Approval of minutes- February 16, 2022, April 20, 2022 Motion was made to approve the February 16, 2022 minutes as amended. Moved: Church Seconded: Lis Timothy Church, Chairman- abstained Margaret Rubick- yes Craig Lis - yes Gorete Crowe- yes Sandra Tripp- yes Thomas Chang -yes Vote 5-0-1 APPROVED Motion was made to approve the April 20, 2022 minutes as amended. Moved: Church Seconded: Lis Timothy Church, Chairman- yes Margaret Rubick- yes Craig Lis - yes Gorete Crowe- yes Sandra Tripp- abstained Thomas Chang- yes Vote 5-0-1 APPROVED Motion was made to adjourn the meeting at 7:50 pm. Moved: Church Seconded: Tripp 7 Vote 6-0 (ZBA 5/18/2022) �Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 8 (ZBA 5/18/2022) �Exhibit #1 Comment Letter Received from 546 Bellwood Avenue From: Darren Bushey Sent: Friday, May 6, 2022 8:37 AM To: Sean McCarthy <smccarthy@sleepyhollowny.org> Cc: Annmarie Zito Subject: 544 Bellwood - Fence Proposal To whom it may concern, My wife and I are the next door neighbors to Harry and Rebecca Ledley of 544 Bellwood Avenue, and we are writing in support of their request of a 6ft fence. We understand they have a small child and dog. Given the proximity to route 9, it will be helpful, not only for privacy, but also their safety. We sincerely hope that you will honor this request. Thank you, Darren and Annmarie Bushey �Exhibit #2 Subject: Date: 5-18-22 Comments Received from 34 Continental Street Wednesday, May 18, 2022 1:46:21 PM From: Contact form at Sleepy Hollow NY <cmsmailer@civicplus.com> Sent: Wednesday, May 18, 2022 11:26 AM To: Sean McCarthy <smccarthy@sleepyhollowny.org> Subject: [Sleepy Hollow NY] 20 Continental St (Sent by Linda Moiron,) Hello smccarthy, Linda Moiron has sent you a message via your contact form (https://www.sleepyhollowny.gov/users/smccarthy/contact) at Sleepy Hollow NY. If you don't want to receive such e-mails, you can change your settings at https://www.sleepyhollowny.gov/user/81/edit. Message: Hi Sean, I can’t attend the meeting tonight but would like to voice my opinion on the variance request. An undesirable change in the neighborhood if the variance is granted by increasing density and lack of parking in a neighborhood which already is very dense and parking problems. The benefit sought by applicant is purely monetary. The applicant does not live on site and has only used it for rental income. The proposed variance will have an adverse effect on neighborhood. Continental Street according to the Mayor will be a two way street in the near future which means more traffic as this will be a means of egress from the NÉ part of the development. We need to keep as much green and open space for the families that live here. Talking away the porches to build enclosed bedrooms does exactly the opposite. Thank you for listening. Linda Moiron 34 Continental St. �Exhibit #3 Subject: Date: 5-18-22 Comments Received from 51 Howard Street Wednesday, May 18, 2022 1:52:35 PM From: Contact form at Sleepy Hollow NY <cmsmailer@civicplus.com> Sent: Wednesday, May 18, 2022 1:27 PM To: Sean McCarthy <smccarthy@sleepyhollowny.org> Subject: [Sleepy Hollow NY] 20 Continental Street (Sent by Matthew C Evans, Hello smccarthy, Matthew C Evans has sent you a message via your contact form (https://www.sleepyhollowny.gov/users/smccarthy/contact) at Sleepy Hollow NY. If you don't want to receive such e-mails, you can change your settings at https://www.sleepyhollowny.gov/user/81/edit. Message: HI Sean, I am writing to you to express my deep concerns with the proposed addition to 20 Continental Street. This addition will not benefit our neighborhood in anyway. First and foremost it will make an already large multi-family house and turn it into an apartment building. I would imagine the landlord (that doesn't live locally) is looking to fill it with room rentals to maximize his revenue. This will add more cars to a neighborhood that already doesn't have enough parking spaces. Another concern is the esthetics of how this house will change the look of our neighborhood. Yes we have multiple family houses, but this is not the same. It can potentially bring more transient people to our family oriented area. I am also concerned about the building process. The digging and building process will have an impact on our water/gas lines and home foundations that have already been impacted by the multiple trucks passing our neighborhood, and the pounding involved in building the East Parcel. There are other smaller concerns like lack of privacy in an already compact situation, as well as shading and losing sunlight for plants, trees to maintain green spaces. Please feel free to reach out to discuss if you like. I am unfortunately unable to attend the meeting tonight (5/18) due to work conflicts. Thank you for your time and consideration. � 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-2022 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_2022-05-18 Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2022 Date A point or period of time associated with an event in the lifecycle of the resource 2022 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