https://sleepyhollow.localarchives.org/files/original/e66106d565769bd20cb91aa52028b904.pdf 479758fce609b703b0e1d7ce37a13bf0 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting September 21, 2022 Chairman Timothy Church called the meeting to order at 7:06 pm. Present: Timothy Church, Chairman Gorete Crowe Thomas Chang Craig Lis Margaret Rubick Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Sandra Tripp 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) Kersten Harries, 18 Anderson Avenue, Proposed additions and alterations- Public hearing 3) Warren and Kimberly Russell, 10 Kingsland Road, Proposed detached storage shedPublic hearing 4) Approval of minutes, July 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 October 19, 2022 meeting. The public hearing was adjourned to the October 19, 2022 meeting. 2. Kersten Harries, 18 Anderson Avenue, Proposed additions and alterations- Public Hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the mailing receipts have been received. 1 (ZBA 9/21/2022) �Sean McCarthy stated that the mailing receipts were received. Chairman Church invited the applicant to present the application. Kersten Harries stated that she is the owner and the architect of 18 Anderson Avenue and that she resides at 47 Depeyster Street. Ms. Harries stated that the house is a single-family home and that the proposed application includes additions at the front entry, the rear of the property, and second story dormer additions. The requested variances relate to existing non-conformities of the property. Ms. Harries presented the first floor plans and stated she proposes to extend the entry roof to create a front porch. The existing rear bump out will be expanded to enlarge the kitchen and to add patio doors from the dining room to the back patio. The location of the basement stairs will be modified. Ms. Harries presented the second floor plans and stated that she proposes to enlarge the bedroom, reconfigure the bathroom, and add a home office and open study. Ms. Harries presented renderings of the existing house and views of the proposed additions from the street. Ms. Harries stated that she plans to install new siding and windows. The requested variances for the side yard setbacks are required for the installation of new rigid board insulation that will improve the thermal envelope of the house. The roofline extension at the eave and rake will provide better protection to the side of the house. Ms. Harries presented a map to detail how the front yard setback of 18 Anderson Avenue compares with neighboring properties. Ms. Harries presented photographs of the existing house and neighboring properties and stated she will maintain the roof ridgeline and that the neighboring houses have similar shed dormers. Chairman Church solicited comments from the Board. There were no comments or questions from the Board. Motion was made to open the public hearing. Moved: Church Seconded: Lis Vote 5-0 Chairman Church solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Church Seconded: Crowe Vote 5-0 Chairman Church made a motion to approve the requested variances based on the following criteria: 1. The proposed additions are appropriate, will be an enhancement to the character of the neighborhood, and will not cause a detriment to nearby properties. 2. The benefits sought by the applicant to add improved insulation protection to the house will result in a minor increase into the existing non-conforming side yard setbacks, and will not be noticeable to the neighboring properties. 2 (ZBA 9/21/2022) �3. The requested variances are not substantial due to the existing non-conformities of the lot. 4. The requested variances will not cause an adverse effect to the physical or environmental conditions of the neighborhood. 5. Although the requested variances are self-created, the Applicant is proposing to update the house and enhance the character of the neighborhood. Motion was made to approve the application. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick- yes Craig Lis - yes Gorete Crowe- yes Thomas Chang -yes Vote 5-0 APPROVED 3. Warren and Kimberly Russell, 10 Kingsland Road, Proposed detached storage shed Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the mailing receipts have been received. Sean McCarthy stated that the mailing receipts were received. Chairman Church invited the applicant to present the application. Warren Russell stated that he and his wife Kimberly are the owners of the property. Mr. Russell stated that they are seeking variance approvals for a 1 foot setback from the East side of their property line and a 2 foot setback from the North side of their property line to install a 10 foot wide by 7.5 foot long, 8 foot-7 inches high shed. The proposed shed will be constructed of quality materials, painted to match their home, and will be consistent with the architecture of the neighborhood. Mr. Russell presented an overview of the proposal and described the purpose of the shed. Mr. Russell presented a copy of his survey and photographs of the existing property views showing the proposed shed location on the property. Chairman Church asked Mr. Russell what would happen if they brought the shed 5 feet forward from the rear property line. Mr. Russell stated that they are unable to install the shed 5 feet forward because of the existing retaining wall and that the yard slopes down in the rear yard. 3 (ZBA 9/21/2022) �Chairman Church asked Mr. Russell if they have considered bringing the retaining wall towards the house and grading the rear yard to avoid seeking a variance. Mr. Russell stated that moving the retaining wall and grading the property would cost thousands of dollars. Chairman Church asked Mr. Russell if the objecting neighbor lives on the other side of the fence; and asked Mr. Russell if they have considered alternatives to the application. Mr. Russell stated that the objections are from the neighboring property owner on the other side of the fence and that they do have a proposed alternative. Mr. Russell presented photographs of other properties in Sleepy Hollow that have similar shed locations. Chairman Church asked Mr. Russell if any of the shed examples are less than 5 feet from the rear property line. Mr. Russell stated they are appear to be less than 5 feet from the side yard properties lines and that one shed is right against the fence line. Kimberly Russell provided responses to the concerns in the letter written by the owners of 5 Webb Road as they relate to the height, pitch, and drainage of the proposed shed. Mrs. Russell addressed the concerns related to the proximity of the proposed shed to their property line, the safety of the materials that will be stored, and stated that the proposed shed would not obstruct sunlight or sight lines to Kingsland Road. Mrs. Russell stated that they have substantially improved the character of the neighborhood since they purchased the house in 2017, and that the addition of the proposed shed will not have a negative effect on the neighboring property value. Chairman Church asked Mrs. Russell if there have been discussions with the owners of 5 Webb Road since the letter submitted to the Board. (See Exhibit #1). Mr. Russell stated that they have spoken with the owners of 5 Webb Road and that they are still opposed to the shed. Chairman Church stated that the application is before the ZBA requesting variance approvals that will run with the life of the land. The ZBA can accept or reject the variance requests. If the ZBA denies the variance requests, the applicants will have to wait six months before they can resubmit an application, unless they materially change the application. The Board is being asked to render a decision that will make either the applicant or the neighbor unhappy, and suggested that the applicants work on a potential solution. Chairman Church asked Sean McCarthy if there are Fire Code requirements for accessory structures that are close to a neighboring property yard. 4 (ZBA 9/21/2022) �Sean McCarthy stated that there are the Zoning requirements governed by the ZBA, and there are New York State Code requirements for minimum setback distances from property lines. If the structure is less than 3 feet from the property line, a fire-rated wall is required. Chairman Church asked Sean McCarthy to describe the definition of a fire-rated wall and asked if the proposed shed material would meet the requirements. Mr. McCarthy stated that a fire-rated wall is an assembly of materials that prevents the spread of fire based upon the hourly ratings. The proposed shed is a wood structure so the fire rating will depend on the siding material; it would not meet the fire-rating standard if it placed less than 3 feet from the property line. Chairman Church asked Mr. McCarthy if this would increase the costs. Mr. McCarthy stated installing the fire-rated wall would increase costs or it would require a variance from New York State to waive the distance separation. Chairman Church asked the applicants why they are unable to bring the shed 4 feet forward from the proposed location. Mrs. Russell stated that if they install a smaller, narrower shed, they could reduce the side and rear setbacks to 3 feet in lieu the requested 1-foot setbacks. Mrs. Russell distributed a specification for a smaller shed to the Board. Mr. Russell stated that the smaller shed would be 6 feet wide and would address the neighbors concern relating to the pitch of the roof. Mr. McCarthy stated that the 3-foot setbacks would satisfy the Fire Code requirements. 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: Crowe Vote 6-0 Chairman Church solicited comments from the public. Jordon Margolis is the owner of 5 Webb Road and stated that the application before the Board relates to the Zoning Code and the requests for variances; not the conditions of their existing fence. Neela Pooraansingh-Margolis is the owner of 5 Webb Road and stated that the requested 1-foot variance would be too close to their fence and that the shed would be in front of where they sit in 5 (ZBA 9/21/2022) �their backyard. Mrs. Margolis stated that they are concerned that the items stored in the shed could affect their vegetable garden. Chairman Church asked Mrs. Margolis if the applicants have shared the alternative shed option with them. Mrs. Margolis stated that this is the first time they are seeing the smaller shed option. She objects to the location of the shed in proximity to the fence, and believes there are other areas on the property where they can install it. Craig Lis stated that the applicants may install the shed in the proposed location, 5 feet from the fence in the rear and side yards without a variance, and that the applicants are willing to reduce the variance request to 3 feet. Thomas Chang stated that the smaller shed fits into granting the variances for 3 feet and suggested that the neighbors work together since there will be a shed in that location whether they grant a variance or not. Correspondence was received from the owners of 21 Kingsland Road in favor of the application. (See Exhibit #2) There were no other public comments. Motion was made to close the public hearing. Moved: Church Seconded: Lis Vote 5-0 Chairman Church invited the applicants to make further comments. Kimberly Russell stated that are willing to agree to the alternative solution for the shed they want to construct on their property. Sean McCarthy suggested that the Board consider granting the 3-foot variances for the rear and side yard setbacks without restricting the size of the shed size so if the applicants decide to move the retaining wall, the applicants would have the option of installing the larger shed and not be required to come back before the Board. Chairman Church made a motion to approve 3-foot variances for the rear and side yard setbacks based on the following criteria: 1. Granting of the area variances will not create an undesirable change to the character of the neighborhood and the applicants have proven that a shed is consistent with neighboring properties. 2. Both of the proposed shed structures are not substantial as they relate to the property and are within the permitted height requirements. 6 (ZBA 9/21/2022) �3. Granting of the 3-foot variances will not cause an impact to the physical or environmental conditions of the neighborhood. 4. The benefits sought by the applicant to construct a shed in the requested location is the feasible method and will not require the disturbance of established landscaping or the removal of structures. 5. Although the requested variances are a self-created difficulty, the applicants have revised their application to comply with the Fire Code and to address some of concerns of the neighboring property owners. Motion was made to approve the 3-foot variances for the rear and the side yards of the property and that the Applicants may construct the 6-foot wide smaller shed or choose to move the retaining wall and install the 10-foot wide larger shed. Moved: Church Seconded: Crowe Timothy Church, Chairman- yes Margaret Rubick- yes Craig Lis - yes Gorete Crowe- yes Thomas Chang- yes Vote 5-0 APPROVED 4. Approval of minutes- July 20, 2022 Motion was made to approve the July 20, 2022 minutes as amended. Moved: Church Seconded: Lis Timothy Church, Chairman - yes Margaret Rubick- yes Craig Lis - yes Gorete Crowe- yes Thomas Chang -yes Vote 5-0 APPROVED Motion was made to adjourn the meeting at 8:00 pm. Moved: Church Seconded: Lis Vote 5-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 7 (ZBA 9/21/2022) �Exhibit #1 RECEIVED SEP 1 5 2022 10 Kingsland Road •Comments Received from 5 Webb Road Thursday, September 15, 2022 11:09:12 AM BUILDING DEPT, VILLAGE OF SLEEPY HOLLOW From: Jordan Margolis Sent: Thursday, September 15, 2022 7:12 AM To: Sean McCarthy <smccarthy@sleepyhollowny.org> Subject: 10 Kingsland Road Zoning Board of Appeals application Dear Timothy Church, Chairperson of the Sleepy Hollow Zoning Board of Appeals, and Sean E. McCarthy, Village Architect, We have reviewed Kimberly and Warren Russell's Zoning Board of Appeals application (attached) for a proposed utility shed that would abut our backyard. We have the following concerns: I. The application mentions that we were consulted and were amenable to the proposal. While we were briefly informed of the Russells' intention to erect a shed, it is incorrect to present that we were fully informed of and consented to the proposal. We were apprised of neither the intended proximity to our property line, nor the scope of the shed size and design. 2. The combination of the shed roof height and pitch and 1-foot proximity to our property Ii ne would result in rain runoff from the shed roof into our yard, either directly from the roof or due to pooling on the property line. 3. Environmental contamination concerns arise with the storage of gasoline and lawn mower/ other equipment using gasoline, which can potentially leak into our backyard, especially in areas where we are growing fruits and vegetables. 4. In an already shady area, there would be a further decrease in sunlight due to the proposed siting of the shed. 5. Given that the proposed site would be proximal to the only part of our backyard conducive to sitting and dining, there would be obstructed sight-lines to Kingsland Road and the sky and diminished airflow, contributing to an overall negative impact on quality of life. 6. A I-foot gap between the shed and exisiting fence would facilitate the collection of - and hinder access to clean - naturally accumulating debris. This would generate the potential for rodents and other pests to make nests behind the shed. 7. The factors listed above would negatively affect the resale value of our home. Due to the above concerns, we oppose this request for a zoning variance. Sincerely, Neela Pooransingh-Margolis and Jordan Margolis 5 Webb Road Sleepy Hollow, NY I 0591 �Exhibit #2 RECEIVED SEP 2 0 2022 10 Kingsland Shed Comments from 21 Kingsland BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW From: Morgan Moriarty Sent: Tuesday, September 20, 2022 4:28 PM To: Sean McCarthy <smccarthy@sleepyhollowny.org> Cc: Jeff Moriarty Subject: 10 Kingsland Shed Sean Jeff and I are writing to express our support for the proposed shed at IO Kingsland Rd. The shed will be clearly visible from our home, in particular our living room. We believe the addition of the shed will add to the curb appeal of the neighborhood by enabling the Russells to park their vehicles in their garage. In addition, we appreciate the opportunity for the Russells to move lawn equipment and tools to a secure location, as our children often play at their home. Best, Morgan and Jeff Morgan Metz Moriarty 217.652.8934 � 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_2022-09-21 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