https://sleepyhollow.localarchives.org/files/original/814bdf0c41c0c8376d954b9958660e95.pdf cad4e9916f5d4cb5ee9e8f6a3ced2646 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting May 15, 2024 Chairman Timothy Church called the meeting to order at 7:11 pm. Present: Timothy Church, Chairman Carol Lyden Gorete Crowe Thomas Chang Sandra Tripp Craig Lis Also Present: Sean E. McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board of Appeals Agenda: 1) Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence - Public hearing 2) KO Group, LLC, 279 North Washington Street, Proposed conversion to a three-family residence- Public hearing 3) Approval of minutes, April 17, 2024 1. Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence- Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and confirmed with Sean McCarthy that the Building Department received the mailing receipts. Pat Costabile stated that he is representing the Applicant on behalf of Steven Costa, the engineer. Mr. Costabile described the existing conditions of the property's non-conforming building. The application proposes demolishing the existing single-family building and constructing a threefamily residence. The application proposes to supply (5) parking spaces on site and requests a variance for (3) parking spaces. Chairman Church asked where the entrance to the property is currently located. Mr. Constabile stated that the existing entrance is located on Depeyster Street. Chairman Church asked Mr. Costabile for the existing side yard setback. Sean McCarthy stated that the sideyard setback is 30.6 feet from the west side of the property line. The applicant is merging two property lots. 1 (ZBA 5/15/2024) �Mr. Costabile stated that the application proposes a new building structure with side yard setbacks of 10 feet, a front yard setback of 6.84 feet, including a front overhang section setback of 2.92 feet, and a rear yard setback of 25 feet. Chairman Church asked Mr. Constabile to describe the proposed parking. Mr. Constabile stated that the applicant proposes constructing two garages on Valley Street. One garage would have (2) tandem parking spaces, and the other would have (1) parking space. The paved driveway area on Depeyster Street would include (2) tandem parking spaces. Chairman Church asked Mr. Constabile to describe the proposed floor plans. Mr. Constabile presented the floor plans and stated that each unit would have three bedrooms. Chairman Church stated that the Applicant is seeking to demolish the current building and construct a three-family residence that would be 6.5 feet from the sidewalk on Depeyster Street and 10 feet from the sidewalk on Valley Street. The proposed building would be set back further than the current single-family structure. The proposed three-family, nine-bedroom residence would supply five on-site parking spaces, where the Code requires eight spaces. Chairman Church asked Mr. Constabile how close the neighboring buildings are to Depeyster Street. Mr. Constabile provided the neighborhood study photographs and described houses near the sidewalks on Depeyster Street and Valley Street. Sandra Trip asked Mr. Constabile how Valley Street's proposed curb cut would impact available parking spaces. Mr. Constabile stated that the proposed curb cut on Valley Street would be 8 feet more than the existing one. Mr. McCarthy stated that the Planning Board is reviewing the proposed curb cuts. Since there is no parking at the existing fire hydrant, a new parking space may be added where the old curb cut is removed, or the number of spaces will remain unchanged. Gorete Crowe asked if the driveway tandem spaces would allow vehicles to enter and exit separately and why the Applicant is proposing a three-family building instead of a two-family building. Mr. Constabile stated that the tandem driveway spaces would be assigned to one unit to coordinate with each other. The Applicant is seeking a three-family residence to cover the costs associated with the demolition and construction on the property. Gorete Crowe asked Sean McCarthy to confirm how may parking spaces are required. 2 (ZBA 5/15/2024) �Mr. McCarthy stated that the Code requires a three-family residence to have (1) parking space per dwelling unit and (1/2) space per bedroom. Since (9) bedrooms are proposed, (8) parking spaces are required where (5) spaces are proposed. If the Applicant proposed constructing a twofamily residence, (2) parking spaces would be required regardless of the bedroom counts. Since this site contains two lots, the Applicant could propose constructing a single-family house on one and a two-family house on the second and only require (3) parking spaces. 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: Lis Vote 6-0 Chairman Church stated that the requested variance for the required lot area is an existing nonconforming condition. The proposed front yard setback of 2.9 feet relates to only the entrance overhang on Depeyster Street. The building's front yard setback proposes to be set back 4 feet further than the existing structure. The building’s proposed side yard setback from Valley Street would increase from less than 2 feet to 10 feet. The proposed structure will be more conforming, proportional, and appropriate for the neighborhood. Although the Applicant proposes to replace a single-family residence that includes (1) parking space with a three-family residence with (5) of (8) required parking spaces, the same goal could be accomplished with one building on each property lot. Mr. McCarthy stated that the Planning Board is reviewing the application related to the loss of on-street parking spaces, landscaping, and the architecture of the building design. Thomas Chang asked if the Board had concerns about assigning parking spaces to the tenants. Chairman Church stated that the Board has found that building owners often charge an additional fee to use a parking space on site. Instead of paying the additional rent, tenants find parking spaces on the street. As a condition of approval, the Board requests that the Applicant agree to designate a parking space for each unit without charging an additional rental fee. Marcelo Poguio owns the property. Mr. Poguio stated that the building will be occupied by family members and that he agrees to designate the parking spaces for the units at no additional fee. Sandra Tripp suggested that the condition should include restricting the tenants from subleasing parking spaces for other purposes. 3 (ZBA 5/15/2024) �Chairman Church moved to approve the application with the conditions discussed with the Applicant. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Carol Lyden - yes Gorete Crowe - yes Thomas Chang - yes Sandra Tripp - yes Craig Lis- yes Vote 6-0 APPROVED 2. KO Group, LLC, 279 North Washington Street, Proposed conversion to a three-family residence- Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and confirmed with Sean McCarthy that the Building Department received the mailing receipts. William Simeoforides stated that he is the Architect representing the Applicant. Mr. Simeoforides stated that the previous owner had illegally fitted the third floor for a two-bedroom apartment. To sell the property, the previous owner applied for permits to remove the illegal finishes. The current owners applied in 2013 and received approval from the Zoning Board of Appeals to construct the one-bedroom unit but never moved forward with the project. The current application is requesting to construct a one-bedroom apartment instead of a two-bedroom unit on the third floor. Chairman Church asked Sean McCarthy if the Zoning Code required a variance to convert to a three-family residence in 2013. Sean McCarthy stated that converting to a three-family residence required the same variances in 2013. The approved variances expired because the owners didn’t apply for or receive permits within a year. Chairman Church asked if the same application was approved in 2013. Mr. McCarthy stated that the Applicant is seeking the same approval. Mr. Simeoforides described the existing and proposed floor plans and stated that the application proposes creating a back-stair entrance extending from the existing rear deck stairs. Mr. Simeoforides stated that the site plan includes the removal of a rotted tree. Although they can provide (6) parking spaces on site, the configuration doesn’t conform with the Village Code requirements and requires requesting a variance for (2) spaces. Mr. Simeoforides presented the elevation plans and photographs of the existing house and property to detail where a tree needs to be removed. 4 (ZBA 5/15/2024) �Sandra Tripp asked Mr. Simeoforides to describe how a tenant would access the third-floor apartment. Mr. Simeoforides stated that the tenant could access the third-floor apartment through the common interior stairs or from the new stair extension. Thomas Chang asked if the rear staircases would be covered. Mr. Simeoforides stated that the existing and proposed rear stairs are open. Chairman Church asked Mr. Simeoforides for the existing side yard setback. Mr. Simeoforides stated that the existing side yard setback is 2.5 feet to the deck, and the front yard setback is 13.0 feet to the porch. Chairman Church asked if the requested side yard setback is for a pre-existing deck structure and if the variance would be required if there wasn’t a deck. Mr. Simeoforides stated that the existing deck requires the side yard variance. Chairman Church asked for the total number of bedrooms in the building. Mr. Simeoforides stated that, including the new application, there would be a total of (6) bedrooms. Gorette Crowe asked if they propose to remove the shed and suggested it may allow for more parking spaces on the property. Mr. Simeoforides stated that they proposed removing the shed, but it wouldn’t allow enough space to create additional parking. Chairman Church moved to open the public hearing. Moved: Church Seconded: Lis 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: Lis Vote 6-0 Chairman Church proposed to approve the variances and stated that the front yard setback is an existing non-conforming condition. The Applicant is not seeking to expand the building’s footprint. The deck is an existing encroachment into the sideyard setback and is consistant with the character of the neighborhood. Although the Applicant is proposing (3) apartment units, 5 (ZBA 5/15/2024) �where (6) parking spots are required, they are providing (4) legal spaces and (2) non-conforming spaces that could be utilized by the building tenants. The third floor apartment will not be a detriment to the nearby properties. The proposed third unit will not impact the physical or environmental conditions of the neighborhood. The proposed variances are not substantial. There is no other feasible method to obtain the benefit sought by the owner. Although the request to convert the two-family residence to a three-family residence is a self-created hardship, the request is reasonable and not the only factor the Board considers when granting variances. An approval will include a condition for the Applicant to designate (1) parking space for each unit without charging an additional rental fee and restrict the tenants from subleasing parking spaces for other purposes. Chairman Church moved to approve the application with the conditions.. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Carol Lyden - yes Gorete Crowe - yes Thomas Chang - yes Sandra Tripp - yes Craig Lis- yes Vote 6-0 APPROVED 3. Approval of minutes, April 17, 2024 Chairman Church moved to approve the April 17, 2024 minutes. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Carol Lyden - yes Gorete Crowe - yes Thomas Chang -yes Sandra Tripp- yes Craig Lis- yes Vote 6-0 APPROVED Chairman Church moved to adjourn the meeting at 8:04 P.M Moved: Church Seconded: Tripp Vote 6-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 6 (ZBA 5/15/2024) � 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-2024 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_2024_05-15 Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2024 Date A point or period of time associated with an event in the lifecycle of the resource 2024 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