https://sleepyhollow.localarchives.org/files/original/29d3d09b1e54e7eb98c1584cacfdc4c0.pdf dfb0019a238053ab906ac513ee11537f PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting July 26, 2023 Chairman Timothy Church called the meeting to order at 7:00 pm. Present: Timothy Church, Chairman Sandra Tripp Carol Lyden Margaret Rubick Gorete Crowe Thomas Chang Also Present: Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Craig Lis Agenda: 1) Vinay Gupta and Vanina Schick, 1 Kelbourne Avenue, Proposed additions and alterations- Continued public hearing 2) Gabe Realty Corp., 305 North Washington Street, Proposed three-family residencePublic hearing 3) Landrock LLC, 231 Webber Avenue, Proposed entrance gates, walls, piers, fencingPublic hearing 4) 61 Howard Street Realty LLC, 61 Howard Street, Proposed conversion to a two-family residence-Public hearing 1. Vinay Gupta and Vanina Schick, 1 Kelbourne Avenue, Proposed additions and alterations- Continued public hearing Chairman Church requested that the architect provide a summary of the application and the proposed changes. Niall Cain stated that he is the architect representing the applicants. Mr. Cain presented photographs of the existing house and views from North Broadway and Kelbourne Avenue. Mr. Cain presented renderings of the proposed alterations and summarized the proposed application. Mr. Cain stated that the application proposes to remove 306 linear feet of the stockade fencing. The revised application proposes reinstalling 48 linear feet of 6-foot high fencing along the North Broadway and Kelbourne Avenue property lines and adding (3) 24” by 36” boulders and Skip Laurel hedges where fencing was originally proposed. The proposed fencing will be set back to mirror the line of fencing of the property across the street. Mr. Cain stated that the applicants intend to re-use and relocate the existing fence materials. Mr. Cain presented the revised site plan and stated that he reduced a portion of the driveway from 15.8 feet wide to 13.6 1 (ZBA 7/26/2023) �feet wide and added additional plantings to increase the landscape buffer. Mr. Cain stated that the remainder of the driveway would be 10.6 feet wide as it wraps around the back of the house. Mr. Cain said that one of the planter beds was pushed back to allow for a continuous planting buffer between the pavers and the proposed wall retaining wall. Mr. Cain presented a revised elevation drawing and stated that the planters would be 30 inches high. Mr. Cain presented an elevation drawing illustrating the proposed retaining wall. Chairman Church asked Mr. Cain to describe the wall elevations. Mr. Cain stated that the proposed wall would be one foot above the grade and range from 2 feet to under 4 feet high along the neighbor's side. Chairman Church asked Sean McCarthy if a variance is required for the wall. Sean McCarthy stated that a variance is not required for the wall since the maximum permitted wall height is 5 feet in the side yard. Mr. Cain presented a video of views driving on North Broadway into Kelbourne Avenue and described where the proposed fencing would end and where the applicants propose to install boulders and new plantings. Chairman Church asked Sean McCarthy if the revised application clarifies the requests from the June 21, 2023, meeting and the June 29, 2023, letter from the Building Department. Mr. McCarthy stated that the revised application satisfies the requests of the Building Department. Sandra Tripp requested a summary of each of the requested variances. Chairman Church stated that the first variance relates to the existing non-conforming condition of the house in the front yard setback. The three variances requested for the front yard setback are required for the vestibule addition, the front covered porch, and the additional encroachment into the front yard setback for the third-story addition. Chairman Church stated that the reduced driveway width and additional plantings would minimize the appearance of the front yard setback and eliminate the potential for two cars to pass on the driveway. Chairman Church stated that the requested variance for no side yard setback relates to the proposed planters and pavement. The revised plans confirm that the proposed planter heights are 30 inches. The neighbor to the west at 5 Kelbourne Avenue submitted a letter supporting the revised application. (See attached Exhibit #1). Chairman Church stated that the last variance requests approval to install six-foot-high fencing along North Broadway and Kelbourne Avenue. Margaret Rubick stated that she still has concerns about the 6-foot fence height on Kelbourne Avenue. Mr. Cain stated that the application shortened proposed fence length along Kelbourne Avenue. 2 (ZBA 7/26/2023) �Chairman Church stated that the original application requested approval to install a six-foot high fence running the whole length of the property line. Mr. McCarthy questioned if the applicants propose replacing the 48 linear feet of 6-foot high fencing with the existing fencing material. Mr. Cain stated that the applicants plan to use the existing fencing for the 48 linear feet to provide a more weathered look. Mr. Cain stated there is precedent for similar 6-foot high fencing in the area. Sean McCarthy stated that the applicants would be unable to relocate the existing fence in its current condition. Mr. Cain stated that since the applicants are removing 306 linear feet of fencing, there would be enough fencing in good condition to relocate. Ms. Rubick stated that existing non-conforming conditions do not set a precedent. Ms. Tripp stated that the Board must review any existing non-conforming conditions. Chairman Church solicited comments from the Board. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no comments from the public. Chairman Church moved to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. The proposed entry porch is open. Although the proposed entrance vestibule addition adds bulk to the house, it is small and similar to other entranceways in the neighborhood. The reduced width of the driveway and additional plantings will create an appropriate barrier between the front of the house and the pedestrians. Granting the requested front yard variances will not create an undesirable change to the neighborhood. 2. The requested variance for the third-story addition is not a substantial area variance. 3 (ZBA 7/26/2023) �3. Granting the requested variances will not adversely affect or cause an impact on the neighborhood's physical or environmental conditions. 4. The requested variance for no side yard setback for the planters is not substantial as the proposed 2 ½ -foot height is minimal, and correspondence has been received from the neighboring property owners to support the application. 5. The revised variance request for the six-foot height fencing is appropriate for the area along North Broadway, as it is a difficult road for the houses in the Village Manors. The 6-foot high fence may provide additional sound and visual barriers. Although other neighboring 6-foot fences may not have an approved variance, the proposed fencing will be consistent with the neighboring properties to the North and South, and the applicants are reinstalling the existing fencing material. 6. Although the requested variances are self-created, the Board considers the other factors when granting area variances. Chairman Church moved to approve the revised application with the condition that the applicants shall not deviate from the revised Engineer Plans submitted and that the renderings do not depict approval for construction. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 7. Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Gregory Caccioppoli stated that he is the engineer representing the applicant. Mr. Caccioppoli stated that the lot is vacant due to a fire. The previous structure consisted of five two-bedroom units. The application proposes to construct three two-bedroom units. Mr. Caccioppoli stated that he worked with the Planning Board to determine the best location for the structure that would allow the applicant to provide parking on the lot. 4 (ZBA 7/26/2023) �Chairman Church asked Mr. Caccioppoli how many parking spaces the previous building provided. Mr. Caccioppoli stated that the previous building provided no off-street parking spaces. The application proposes to provide five off-street parking spaces on the property lot and remove two on-street parking spaces on Howard Street to provide driveway access to the property. Approval of the application would result in a net gain of three parking spaces and a reduction in occupancy from the elimination of two units and four bedrooms. Mr. Caccioppoli stated that he completed an analysis of the average setback of homes on North Washington Street to see if he could shift the location of the building to encroach less on the front yard and still provide parking on site. Mr. Caccioppoli stated that the proposed landscaping would provide a buffer from the building and the neighboring properties on North Washington Street and Howard Street. Mr. Caccioppoli presented renderings of the proposed building. Mr. Caccioppoli presented the Site Plan and stated that the average setbacks from the curb to the structures along North Washington Street are approximately 24.3 feet. They are seeking a variance for a 13.5-foot encroachment into the front yard setback where 20.0 feet is required on North Washington Street and a 2.4-foot encroachment into the front yard setback where 10.0 feet are required on Howard Street. Margaret Rubick asked if North Washington Street and Howard Street are one-way streets where the proposed structure is proposed. Mr. Caccioppoli stated that North Washington Street and Howard Streets are one-way and that North Washington Street is a dead-end street. Mr. Caccioppoli stated that the proposed application would improve the neighborhood. Chairman Church asked if they are proposing the units to be rentals. Gabriele Arango stated that he is the President of Gabe Realty Corp. and the property owner. Mr. Arango stated that the units would be rentals. Chairman Church asked Mr. Caccioppoli to confirm that the previous building offered no onsite parking. Mr. Caccioppoli stated that the application proposes to supply five on-site parking spaces. They propose eliminating two on-street parking spaces to create the driveway curb cut. Mr. Caccioppoli said they plan to redo the sidewalks and add a crosswalk. Chairman Church stated that the availability of parking is very tight in the area of the Village. If a property owner charges additional fees to park in off-street spaces, tenants often utilize onstreet parking spaces instead of paying additional costs. Chairman Church stated that the Board recently approved a three-family residence application with the condition that the owner agreed to designate one off-street parking space to each unit without charging an additional fee. Chairman Church stated that Sean McCarthy agreed to enforce the condition if someone brings it 5 (ZBA 7/26/2023) �to his attention. Chairman Church asked Mr. Caccioppoli if the owner would agree to this condition. Mr. Arango stated that he agrees to the condition that each unit will include a parking space as part of the rent and that he does not charge for parking at any of his properties. Chairman Church solicited comments from the Board regarding the proposed setbacks. There were no comments from the Board. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. Carmen Chimbo stated that she owns 304 North Washington Street and asked if the entrance will be on North Washington Street or Howard Street. Mr. Caccioppoli stated that the proposed entrance to the parking lot is on Howard Street. The Board received written comments from Patricia Minchalo, the owner of 305 North Washington, on July 24, 2023 (See attached Exhibit #2) There were no other public comments. Chairman Church moved to close the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. The proposed dwelling units will enhance the neighborhood's character from what the prior building was and what is currently there. 2. Although the applicant could reduce the number of dwelling units to conform to the parking requirements, the building is proposed to reduce the units by two and reduce the bedroom count by four. 3. Granting the variance for the parking for three parking spaces is not substantial because the applicant proposes to provide five off-street parking spaces on the property lot, which will result in less of a burden on the neighborhood where the prior building had no offstreet parking. 4. The requested variances for the front yard setbacks are consistent with the neighboring properties and appropriate for the location of the building. 6 (ZBA 7/26/2023) �5. Granting the requested variances will not adversely affect or cause an impact on the neighborhood's physical or environmental conditions. 6. The proposed application is not a self-created hardship because the proposed building will conform more to the code than the previous structure. Chairman Church moved to approve the application with the condition that one (1) on-site parking space will be designated for each of the three dwelling units at no additional fee. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 8. Landrock LLC, 231 Webber Avenue, Proposed entrance gates, walls, piers, fencing - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. Allison Fausner stated that she is an associate at the law firm Cuddy + Feder, LLP, covering for her colleague William Null and appearing on behalf of the applicant. Ms. Fausner requested a one-year extension of the previously granted area variances described in the notice for driveway improvements related to gates, piers, and fences to create a barrier between the approved subdivision and Webber Avenue. Ms. Fausner stated they have been working with the County Health Department and the Village Building Department to permit and build the irrigation system. They are working with the manufacturers to complete the Building Permit applications and drawings required for the construction of the improvements granted by the Zoning Board and the Planning Board. Ms. Fausner stated that there are no changes to the proposed improvements. Chairman Church asked Sean McCarthy if the Board considers the application as a renewal of the previously approved variances. Sean McCarthy stated that the application remains the same. Ms. Fausner stated that the application is identical, and the applicant requests an extension. 7 (ZBA 7/26/2023) �Chairman Church asked Ms. Fausner to confirm that the plans have not changed since the Board approved the original application. Chairman Church asked Ms. Fausner if the only circumstantial change since the July 2022 approval was the sale of two property lots. Chairman Church asked Ms. Maiello if Landrock LLC is responsible for the bridge. Chairman Church asked who owns Landrock LLC. Ms. Fausner stated that Landrock LLC is a cooperation, and the principal partner is Michael Rockefeller. Two property lots have sold since the original application, and they have submitted authorization from the new owner. Chairman Church stated that the Board received authorization from 2 for 31 LTD for Landrock, LLC Cuddy + Feder to appear on his behalf. Chairman Church stated that the Board has to consider if there was a change to the neighborhood's character since the granted variances. Gorete Crowe asked Ms. Fausner how much time they request for the extension. Ms. Fausner stated that the applicant is requesting a one-year extension Chairman Church moved to open the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church solicited comments from the public. There were no public comments. Chairman Church moved to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Chairman Church moved to approve a one-year extension of the application approved on July 20, 2022, with the condition that there is no change to the approved engineering plans and no change to the neighborhood's character. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 8 (ZBA 7/26/2023) �9. 61 Howard Street Realty LLC, 61 Howard Street, Proposed conversion to a two-family Residence - Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and asked Sean McCarthy to confirm that the Building Department received the mailing receipts. Sean McCarthy stated that the Building Department received proof of the mailing. Chairman Church invited the applicant to present the application. John Lentini stated that he is the architect representing the applicant. Mr. Lentini presented photographs of the existing conditions of the building. Mr. Lentini stated that the owner purchased the property with the understanding that it would need renovations to be habitable. Mr. Lentini stated that the lot area and lot width are existing non-conforming. The front portion of the building was constructed in 1888, and it is unclear when the rear portion was added. The application proposes removing the garage structure to reduce the overall building coverage, reduce the impermeable surface by 100 square feet, and create a grassed lawn area. Mr. Lentini stated that the owner purchased this property with pre-existing hardships and that increasing the property's taxability would benefit the neighborhood. Mr. Lentini stated that multi-family houses surround the lot, and approval to convert the house into a two-family residence would add more value to the property. Mr. Lentini described the proposed renovations and stated that there would be no change to the building footprint and they plan to create two tandem parking spaces proposed in the driveway. Sean McCarthy stated that the as per the Zoning Code, only a single-family residence is permitted on a non-conforming lot. The Planning Board recommended that the applicant reduce the impervious surface area and suggested providing tandem parking spaces in lieu of additional pavement in the rear yard. Sandra Tripp asked Mr. McCarthy for the minimum lot area required for a single-family residence. Mr. McCarthy stated that the 4,000 square feet required minimum lot area is the same for single and two-family residences. Mr. Tripp stated that a single-family residence would still require a variance for the lot area, building coverage, and massing. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 6-0 Chairman Church solicited comments from the public. There were no comments from the public. 9 (ZBA 7/26/2023) �Chairman Church moved to close the public hearing. Moved: Church Seconded: Rubick Vote 6-0 Chairman Church proposed granting the requested variances based on the following criteria: 1. The lot area, width, and front and side yards are existing non-conforming. 2. The application does not propose any changes to the building footprint; the proposed improvements to the building and the lot will benefit the neighborhood's character and are not substantial due to the existing non-conformities. 3. A two-family residence is consistent with the building uses in the surrounding area, and the applicant will provide the required parking spaces on site. 4. Removal of the garage will reduce the amount of impervious surface area on the property and reduce the overall massing of structures on site. 5. The proposed application will not adversely affect or cause an impact on the neighborhood's physical or environmental conditions. 6. Although the proposed application may be considered self-created, the owner inherited the existing non-conforming conditions when he purchased the property, and the proposed renovations will increase the property's taxable value. Chairman Church moved to approve the application. Moved: Church Seconded: Rubick Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED 10. Approval of minutes - June 21, 2023 A motion was made to approve the June 21, 2023 minutes as amended. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Margaret Rubick - yes Sandra Tripp - yes Gorete Crowe - yes 10 (ZBA 7/26/2023) �Carol Lyden- yes Thomas Chang - yes Vote 6-0 APPROVED Chairman Church moved to close the meeting at 8:30 PM. Moved: Church Seconded: Rubick Vote 6-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 11 (ZBA 7/26/2023) �Exhibit #1 �Exhibit #2 Subject: Date: 305 N. Washington Street _ 7-24-23 Correspondence Received from Partrica Minchalao owner of 16 Howard Street. From: Patricia Minchalo Date: July 24, 2023 at 9:18:41 PM EDT To: smcarthy@villageofsleepyhollow.org Subject: 305 North Washington street To whom it may concern: I hope this email finds you well. I wanted to bring some issues with the planning on the above address. I’ve taken a look at the plans and removing two parking spaces from Howard street does not seem efficient for the current residents. We already struggle to find parking on a good day removing 2 will definitely make it even tougher. Unless you guys are proposing to implement an over night parking permit for Howard st it doesn’t not seem appropriate to remove those two space. Sincerely Patricia Minchalo Sent from my iPhone � 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-2023 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_2023-07-26 Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023 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