https://sleepyhollow.localarchives.org/files/original/169febf7b6bbe2e877e8bfec78f98e26.pdf 0acd16056f549d3cb1536fc25767d235 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting September 18, 2024 Chairman Timothy Church called the meeting to order at 7:00 pm. Chairman Church stated that when only four Board members are present, the vote must be unanimous to grant requested variances. The Applicants can defer the vote to the next meeting when more Board members are present. If the Board votes on the application and the decision is not unanimous, the Applicants must wait six months before presenting the same Application or submit a revised application for the next meeting. Present: Timothy Church, Chairman Sandra Tripp Gorete Crowe Craig Lis Also Present: Sean E. McCarthy, Village Architect Pamela Kroll, Secretary to the Zoning Board Absent: Thomas Chang Carol Lyden Agenda: 1) Scott Larson and Sarah McMaster, 1 Pleasant Street, Proposed 2 1/2 -story addition and rear deck - Public hearing 2) Maria Quinde, 30 Barnhart Avenue, Proposed 2-story addition- Public hearing 3) Adar Eisenbruch, 153 North Washington Street, Proposed additions and alterationsPublic hearing 4) Approval of minutes, July 17, 2024 1. Scott Larson and Sarah McMaster, 1 Pleasant Street, Proposed 2 ½-story addition and rear deck- 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 proof of the mailing receipts. William Simeoforides stated that he is the architect representing the Applicants. Mr. Simeoforides stated that the existing house is a single-family, four-bedroom, two-story stucco building on the corner of Pleasant Street and Continental Street. Mr. Simeoforides presented the floor plans and stated that the application proposes to remove the existing first-floor bathroom and mudroom addition. Mr. Simeoforides described the plans to redesign the first floor and stated that the proposed addition includes a laundry-half bath combo, kitchen expansion, a rear 1 (ZBA 9/18/2024) �deck on the first floor, and a master bedroom suite on the second floor. Mr. Simeoforides presented the plans and elevations and described the proposed exterior improvements. Chairman Church asked Mr. Simeoforides to describe the history of the property. Mr. Simeoforides stated that the house's interior is original, except for the rear additions. The Village of Sleepy Hollow purchased the property to widen Pocantico Street up and down Continental Street to the East Parcel development. Sean McCarthy said the Village anticipated demolishing the house to widen the street. It was then determined that the house could remain by creating a right-of-way easement, allowing space for encroachment on the property to widen the street or create a sidewalk. Craig Lis asked Mr. McCarthy if the proposed additions were within the easement. Mr. McCarthy stated the proposed additions comply with the easement area. Mr. Simeoforides presented the site plan and described the location of the proposed easement line. The applicants also propose adding a driveway in the back. Chairman Church asked if the building coverage calculations include the easement. Mr. McCarthy stated that the zoning requirement calculations include the easement area. The easement is being created to reserve the right to develop on the property even though the applicant owns it. Chairman Church asked Mr. Simeoforides to confirm that the proposed rear deck is for the firstfloor level only and is not covered. Mr. Simeoforides stated that the rear deck will not be covered and is intended to provide a rear entrance into the first-floor kitchen from the new driveway. Chairman Church asked if the number of bedrooms is increasing. Mr. Simeoforides stated that they are not proposing to increase the number of bedrooms. The second-floor addition will extend the existing master bedroom by 8 feet, 6 inches. Craig Lis asked if the window on the third story was an attic window. Mr. Simeoforides stated that the attic window is a ceiling hatch. Chairman Church asked if eliminating the rear deck would affect the proposed floor area coverage. 2 (ZBA 9/18/2024) �Mr. McCarthy stated that since the rear deck is open, it is exempt from the floor area and building coverage calculations. Chairman Church asked Mr. Simeoforides for the dimensions of the proposed deck. Mr. McCarthy stated that the proposed rear deck is 8 feet by 15 feet, 6 inches. Chairman Church asked Mr. Simeoforides to confirm the rear yard setback without the proposed deck. Mr. Simeoforides stated that the proposed deck is 11 feet, 6 inches from the rear property line and 12 feet, 2 inches from the property line to the rear addition. Mr. McCarthy stated that the dimensions also include the lower level of the recessed steps at the rear of the house. Craig Lis asked if the property behind the house is parking for Historic Hudson Valley. Mr. McCarthy stated that the property behind the house is Village of Sleepy Hollow parking. Chairman Church moved to open the public hearing. Moved: Church Seconded: Crowe Vote 4-0 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 4-0 Chairman Church stated that the existing house is in disrepair. The proposed improvements will benefit the neighborhood, and the proposed additions do not extend unreasonably far into the backyard. The proposed open deck is proportional to the house and will serve as a rear entry from the driveway. No changes are proposed for the overall dimensions of the house, roof pitch, or single-family use. Although the proposed floor area is increasing by 300 square feet, the proposed additions are reasonable. The proposed application is a feasible method to achieve the benefits the applicants seek to improve the small house. The requested variances are not substantial in comparison to the neighboring properties. The proposed application will add two parking spaces and not cause a detriment to the physical or environmental conditions of the neighborhood. Although the requested variances are considered a self-created hardship, they are not the only factors the Board considers when granting area variances. Chairman Church polled the Board members for any concerns suggesting the applicant should defer the vote to the next meeting. 3 (ZBA 9/18/2024) �There were no further comments from the Board. Chairman Church moved to approve the application. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Gorete Crowe - yes Craig Lis - yes Sandra Tripp - yes Vote 4-0 2. APPROVED Maria Quinde, 30 Barnhart Avenue, Proposed 2-story addition- Public hearing Chairman Church read the public notice and listed the documents submitted with the application. The Board has received and reviewed the three written comment letters, which will be included in the public record. (See Exhibit #s 1-3). The Board is not reviewing a request for a use variance for a one, two, or three-family residence. The proposed application requests area variances for a one-family residence. Chairman Church asked Sean McCarthy if the mailing notices were received. Sean McCarthy stated that the Building Department received proof of the mailing receipts. William Simeoforides stated that he is the architect representing the Applicant. Mr. Simeoforides stated that the structure is a one-family, two-story building at the end of Barnhart Avenue up against Barnhart Park. Mr. Simeoforides stated that the existing house includes a one-story kitchen addition on the first floor with a screened-in porch and a bathroom addition above it on the second floor. The application proposes to demolish the existing additions because they are poorly constructed. The application proposes to reconstruct and enlarge the one-story addition by 6 feet, 6 inches to create a new mudroom and closet off the kitchen and rebuild the rear porch. Plans for the second floor include demolishing the bathroom addition, moving the bathroom to the north side, and constructing a master bedroom, which converts the structure from a threebedroom house to a four-bedroom. Mr. Simeoforides described how the proposed additions would affect the side and rear views of the house. The front elevation will remain the same. The new basement level area would be an unfinished storage space. A new stair is proposed to access the proposed basement level. The proposed additions and the covered porch comply with the required rear yard setbacks. The applicant is not seeking to convert the house to a multi-family. Mr. Simeoforides described the neighboring structures and stated that the proposed two-story addition and porch fit with the neighborhood's character and the house's style. Chairman Church asked Mr. Simeoforides to explain the existing and requested side yard setback calculations. Mr. Simeoforides stated that the side yard setback from the basement stair is 2 feet, 6 inches. The proposed additions are within the required side yard setbacks. 4 (ZBA 9/18/2024) �Mr. McCarthy stated that the existing side yard setback was calculated from the minimum distance from the property line at the front of the house. The proposed side yard setback is calculated from the basement stair wall distance from the property line. Chairman Church asked Mr. Simeoforides for the proposed stair wall height. Mr. Simeoforides stated that the basement stair wall is proposed at 6 inches above grade. Mr. McCarthy stated that although the basement stair wall may be at grade, the required railing would extend above the wall by 3 feet for fall protection. There was a discussion regarding why the proposed new construction requires a variance for the increased side yard setback. Chairman Church asked Mr. Simeoforides why they were proposing the new stairs. Mr. Simeoforides stated the application proposes new stairs to ensure they are structurally sound with the new foundation construction. Mr. McCarthy asked Mr. Simeoforides if they planned to connect the existing basement to the proposed basement area. Mr. Simeoforides stated that they are not connecting the basement levels. Chairman Church asked if the proposed basement area could be converted to a bedroom. Mr. Simeoforides stated that the proposed basement area would not be connected to the house and would not be permitted to be converted into a bedroom. Mr. McCarthy stated that the unfinished basement could not be a stand-alone detached bedroom or habitable space for the principal building. Chairman Church asked Mr. Simeoforides if the covered porch is proposed on one or two stories. Mr. Simeoforides stated that the covered porch is one-story. Chairman Church asked Mr. Simeoforides to describe the proposed increase in floor area and building coverage. Mr. Simeoforides stated that the first and second-floor additions would increase the floor area by 244 square feet. Chairman Church asked if fire sprinklers would be required due to the proposed additions. 5 (ZBA 9/18/2024) �Mr. McCarthy stated that if the proposed application increases the useable floor area more than fifty percent, automatic fire sprinklers would be required. Chairman Church moved to open the public hearing. Moved: Church Seconded: Tripp Vote 4-0 Chairman Church solicited comments from the public. Rene Hernandez stated that he lives at 25 Barnhart Avenue and opposes the application. The fourth bedroom will create more congestion where there is not enough parking. All the homes in the area are dangerously close and exceed the current codes for permitted floor area. Mr. Hernandez described neighboring properties, their current uses, and the owners' number of cars. He stated that the owners should expand within the existing footprint. Mr. Hernandez read the letter submitted by Mario Hernandez of 19 Barnhart Avenue. Chairman Church asked Sean McCarthy to describe the wall construction required for additions close to the neighboring structure. Mr. McCarthy stated that the distance of the wall proposed on the south side from the property line would not require special wall treatment. A wall less than three feet from the property line would require a fire-rated assembly, where the construction materials of the wall would resist fire for at least one hour on each side. Christina Hernandez lives at 23 Barnhart Avenue and believes the applicant should only expand within the existing footprint. The proposed application will add more congestion to the street. Rene Hernandez asked if the electrical service would be upgraded as part of the proposed application. Mr. McCarthy stated that if the project moves forward, the Applicant must file for building, plumbing and electrical permits and use Westchester County licensed and insured contractors. The applications and plans will be reviewed for code compliance. Gorete Crowe asked Mr. McCarthy to confirm that the plans will be reviewed for fire code compliance. Mr. McCarthy stated that calculations would determine if the house requires automatic fire sprinklers. The construction would need to comply with the fire code requirements for fire safety. Chairman Church moved to close the public hearing. Moved: Church Seconded: Lis Vote 4-0 Mr. Simeoforides stated that the application proposes reconstructing the existing additions and increasing the building footprint by 6 feet, 6 inches. Although parking is an issue throughout the 6 (ZBA 9/18/2024) �Village, the application does not require a variance for a single-family residence. The fourth bedroom is proposed for the homeowner’s use. Chairman Church stated that the number of bedrooms or a change of use is not before the Board for review. The requested variances for the side yard setbacks are required for the proposed basement stair railing. The proposed 1.75-foot setback would not affect the existing nonconforming side yard setback of .30 feet or increase the fire hazard to the neighboring buildings. Compared with the adjacent building, the proposed addition and the porch do not appear to be a detriment to the neighborhood. Replacing the second-floor boxed bathroom addition with a codeconforming second-floor addition would improve the neighborhood's aesthetics. The proposed construction would be reviewed for code compliance and fire safety. The proposed increase in building coverage is less than ten percent and not substantial. The proposed application would not cause a detriment to the environmental conditions of the neighborhood. Although the requested variances are self-created, they are not the only factors the Board considers when approving area variances. Chairman Church polled the board members on their vote for approval. Sandra Tripp stated that the Board needs to consider the significant opposition to the increased floor area from the neighboring properties. She agrees that the proposed additions will improve the property, but comparing it to the significantly larger neighboring property may not be appropriate. Mr. Simeoforides suggested removing the covered porch to reduce the increase in the building coverage. Craig Lis suggested that eliminating the roof on the porch would also reduce the increase in building coverage. Chairman Church requested that Mr. Simeoforides submit an amended application calculating how changes to the proposed porch would affect the coverage calculations and whether fire sprinklers are required. Chairman Church moved to continue the public hearing to the October 16, 2024 meeting. Moved: Church Seconded: Tripp Vote 4-0 3. Adar Eisenbruch, 153 North Washington Street, Proposed additions and alterationsPublic hearing Chairman Church read the public notice, listed the documents submitted with the application, and confirmed with Sean McCarthy that the Building Department received proof of the mailing receipts. Chairman Church stated that the Board received a letter of support to be added to the public record (See Exhibit #4). 7 (ZBA 9/18/2024) �Kathleen Sullivan stated that she is the architect representing the Applicant, seeking to improve the interior circulation of the first floor. Ms. Sullivan presented the floor plans and stated that the application proposes to relocate the main entrance to the north side, construct an entry vestibule addition, relocate the powder room and construct a side closet addition, enlarge the existing three-season porch, and add an exterior staircase. Ms. Sullivan presented the elevations, site plan drawings and photographs and described the proposed locations of the additions, the existing non-conforming conditions, and the proposed areas requiring a variance. Craig Lis asked if the fire escape would remain. Ms. Sullivan stated that the fire escape would remain. Chairman Church stated that the application proposed extending the existing non-conforming setbacks in the side and front yard setbacks. Chairman Church move to open the public hearing. Moved: Church Seconded: Lis Vote 4-0 Chairman Church solicited comments from the public. There were no public comments. Chairman Church move to close the public hearing. Moved: Church Seconded: Crowe Vote 4-0 Chairman Church stated that the requested variance for the front yard is not substantial as the property line is angled. The variance requested for the north side is less than the existing setback at the center of the house. The proposed stairs would extend 7 feet into an existing nonconforming condition and comply with the rear yard setback. The proposed application would not be a detriment to the neighborhood's character. The applicant has valid reasons to relocate the front entrance door. There is no other feasible method for the applicant to improve the house's character. Approval of the application would not impact the physical or environmental conditions of the neighborhood. Although the requested variances are self-created, they are not the only factors the Board considers when approving area variances. Chairman Church moved to approve the application. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Craig Lis - yes Gorete Crowe - yes Sandra Tripp - yes Vote 4-0 APPROVED 4. Approval of minutes, July 17, 2024 8 (ZBA 9/18/2024) �Chairman Church tabled the approval of the minutes to the October 16, 2024 meeting. Chairman Church moved to adjourn the meeting at 8:30 P.M. Moved: Church Seconded: Tripp Vote 4-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 9 (ZBA 9/18/2024) �Exhibit #1 �Exhibit #2 �Exhibit #3 �Exhibit #4 � 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_2024-09-18 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. 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